South Australia: Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 (SA)

South Australia Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 An Act to provide for the vesting of title to certain lands in the people known as Anangu Pitjantjatjara Yankunytjatjara; and for other purposes. Contents Part 1—Preliminary 1 Short title 4 Interpretation 4A Objects Part 2—Anangu Pitjantjatjara Yankunytjatjara Division 1—Constitution of Anangu Pitjantjatjara Yankunytjatjara as body corporate 5 Constitution of Anangu Pitjantjatjara Yankunytjatjara as body corporate Division 2—Powers and functions of Anangu Pitjantjatjara Yankunytjatjara 6 Powers and functions of Anangu Pitjantjatjara Yankunytjatjara 7 Requirement of consultation Division 3—General meetings of Anangu Pitjantjatjara Yankunytjatjara 8 Annual general meetings and special general meetings Division 4—The Executive Board of Anangu Pitjantjatjara Yankunytjatjara 9 Executive Board of Anangu Pitjantjatjara Yankunytjatjara 9A Offences relating to election of Executive Board 9B Functions and powers of the Executive Board 9C Chairperson and Deputy Chairperson 9D Casual vacancies 9E Remuneration 9F Delegations 10 Procedure of the Executive Board 11 Minister may call meetings 12 Meetings to be open to all Anangu 12A Advisory committees 12B Duty to exercise care and diligence 12C Duty to act honestly 12D Duty with respect to conflict of interest 12E Civil liability for contravention of section 12C or 12D 12F Code of conduct 12G Guidelines 12H Prudential requirements for certain activities 13 Accounts and audit 13A Reports and budget Division 4A—Director of Administration and General Manager 13B Director of Administration 13C Functions of Director of Administration 13D General Manager 13E Functions of General Manager 13F Director of Administration and General Manager subject to direction 13G Termination of appointment of Director of Administration or General Manager by Executive Board 13H Duty to exercise care and diligence 13I Duty to act honestly 13J Duty with respect to conflict of interest 13K Civil liability for contravention of section 13I or 13J 13L Appointment etc by General Manager 13M Director of Administration, General Manager and employees of Anangu Pitjantjatjara Yankunytjatjara not subject to direction by member of Executive Board Division 4B—Limited intervention by Minister 13N Minister may direct Executive Board 13O Minister may suspend Executive Board 13P Use of facilities 13Q Offences Division 5—The approved constitution 14 Constitution Part 3—The lands Division 1—Vesting of the lands in Anangu Pitjantjatjara Yankunytjatjara 15 The Governor may grant certain land, in fee simple, to Anangu Pitjantjatjara Yankunytjatjara 16 Special provisions in relation to the land grant 17 Inalienability of land vested in Anangu Pitjantjatjara Yankunytjatjara in pursuance of this Part Division 2—Entry to the lands 18 Rights of Anangu with respect to lands 19 Unauthorised entry on lands 19A Residence on the lands Division 3—Mining operations on the lands 20 Mining operations on the lands 21 Interaction of this Act and Mining and Petroleum Acts 22 Royalty 23 Offence in relation to obtaining permission to carry out mining operations 24 Certain payments or other consideration to Anangu Pitjantjatjara Yankunytjatjara must represent fair compensation Division 4—Mintabie precious stones field 25 Interpretation 26 Expiry of Division 27 Interaction of this Division with other Acts 28 Delegation 29 Delegation of power to permit entry to Mintabie precious stones field 29A Inspection of Mintabie Township Lease Agreement 29B Walatina leases not to apply to Mintabie township 29C Entry to Mintabie precious stones field etc 29D Minister may issue etc licence to occupy land in Mintabie township lease area 29E Crown etc not required to keep premises in good repair 29F Offence to reside etc on Mintabie township lease area without licence 29G Review of certain decisions of Minister 29H Exclusion of certain persons from the Mintabie precious stones field Division 5—Right of the Crown to continue in occupation of certain parts of the lands 30 Right of the Crown to continue its occupation of certain land Division 6—Construction of roads by the Commissioner of Highways 31 Consent of Anangu Pitjantjatjara Yankunytjatjara required for road works 32 Proposals to carry out road works and arbitration of disputes 33 Road reserves 34 Consent not required for maintenance or repair of roads referred to in Schedule 2 Part 4—Disputes 35 Minister to appoint panel of conciliators 35A Application for conciliation 36 Conciliation 37 Order compelling compliance with direction of conciliator Part 5—Miscellaneous 39 Power of court to order compensation in certain cases 40 Exemption of lands from land tax 41 Financial provision 42 Non-application of Outback Areas Community Development Trust Act 42A Interaction between this Act and certain other Acts and laws 42B Depasturing of stock 42C Protection from personal liability 42D Offences relating to the supply of regulated substances 43 Regulations Schedule 1 Schedule 2 Schedule 3—Rules of election under section 9 Part 1—Preliminary 1 Interpretation Part 2—General rules relating to an election 2 Electorates and elections 3 Returning officer 4 Election timetable 5 Distribution of information 6 Nominations for office of member of the Executive Board 6A Voters roll 6B Eligibility to vote in elections 7 Uncontested elections 8 Voting 9 Counting of votes Part 3—Declaration of results 15 Provisional declarations 16 Recounts 17 Declaration of results and certificate Part 3A—Supplementary elections on failure of election 17A Supplementary elections on failure of election etc Part 4—Disputed Returns 18 Constitution of Court 19 The clerk of the Court 20 Jurisdiction of the Court 21 Procedure upon petition 22 Powers of the Court 23 Illegal practices 24 Effect of decision 25 Participation of Anangu Pitjantjatjara Yankunytjatjara in proceedings 26 Right of appearance 27 Case stated 28 Costs 29 Rules of the Court Part 5—Miscellaneous 30 Amendment of Schedule 31 Costs Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981. 4—Interpretation (1) In this Act, unless the contrary intention appears— Administrator means a person appointed under section 13O as an Administrator; Anangu means a person who is— (a) a member of the Pitjantjatjara, Yankunytjatjara or Ngaanyatjarra people; and (b) a traditional owner of the lands, or a part of them; Anangu Pitjantjatjara Yankunytjatjara means the body corporate constituted under that name by this Act; the constitution means the constitution of Anangu Pitjantjatjara Yankunytjatjara for the time being in force under this Act; Director of Administration means the person appointed as the Director of Administration under section 13B; Electoral Commissioner means the person for the time being holding, or acting in, the office of the Electoral Commissioner under the Electoral Act 1985; electorate—see Schedule 3 clause 2; the Executive Board means— (a) the Executive Board of Anangu Pitjantjatjara Yankunytjatjara constituted under this Act; or (b) during a period prior to the constitution of that Board—the Pitjantjatjara Council; General Manager means the person appointed as the General Manager under section 13D; the lands means the lands described in Schedule 1 to this Act; mining operations means operations authorised by or under the Mining Act 1971 or the Petroleum Act 1940; mining tenement means a right, permit, claim, lease or licence under the Mining Act 1971 or the Petroleum Act 1940; Mintabie Miners Progress Association means the association of that name incorporated under the Associations Incorporation Act 1985; Mintabie precious stones field means that part of the lands declared to be a precious stones field under the Opal Mining Act 1995; Mintabie precious stones prospecting permit means a precious stones prospecting permit under the Opal Mining Act 1995 and endorsed in accordance with section 10A of that Act; Mintabie Township Lease Agreement means the agreement of that name executed by Anangu Pitjantjatjara Yankunytjatjara, the Minister and the Minister to whom the administration of Opal Mining Act 1995 is committed (whether or not there are other parties to the agreement), as varied from time to time; Mintabie township lease area means the Mintabie township lease area as set out in the Mintabie Township Lease Agreement; motor vehicle means a vehicle built to be propelled by a motor that forms part of the vehicle; petrol includes any volatile liquid containing hydrocarbons; principal office of Anangu Pitjantjatjara Yankunytjatjara means the office specified in accordance with section 14(7); regulated substance means petrol and any other substance declared by regulation to be a regulated substance for the purposes of this Act; road works means the construction, re-construction or repair of a road, or of related works; serious offence means— (a) an offence against Division 1, 1A, 4, 5, 9, 11, 11A, 12 or 16 of Part 3 of the Criminal Law Consolidation Act 1935; or (b) an offence against section 19A, 19AB, 23, 29, 29A, 32AA or 72 of the Criminal Law Consolidation Act 1935; or (c) an offence against Part 3B, 5 (other than a summary offence), 5A, 6, 6A (other than an offence against section 170A), 6B or 7 (other than an offence against section 257) of the Criminal Law Consolidation Act 1935; or (d) an indictable offence under Part 5 of the Controlled Substances Act 1984; or (e) an offence against section 9A of this Act; or (f) an offence against section 42D of this Act; or (g) an offence against a by-law made under this Act consisting of or involving the sale or supply of alcoholic liquor; or (h) an offence against a by-law made under this Act relating to gambling; or (i) an offence against the law of another jurisdiction that corresponds to an offence referred to in a preceding paragraph; or (j) a conspiracy to commit, or an attempt to commit, an offence referred to in a preceding paragraph; or (k) an offence of a kind declared by the regulations to be a serious offence, but does not include an offence, or an offence of a class, declared by the regulations to not be a serious offence; traditional owner in relation to the lands means an Aboriginal person who has, in accordance with Aboriginal tradition, social, economic and spiritual affiliations with, and responsibilities for, the lands or any part of them. (2) If a provision of this Act specifies that an act may be done or a resolution made by Anangu Pitjantjatjara Yankunytjatjara at an annual or special general meeting, that act may not be done, or the resolution made, by the Executive Board on behalf of Anangu Pitjantjatjara Yankunytjatjara. 4A—Objects (1) The objects of this Act are as follows: (a) to provide for and subsequently acknowledge Anangu ownership of the lands; (b) to establish Anangu Pitjantjatjara Yankunytjatjara as a body corporate and set out its powers and functions; (c) to provide for efficient and accountable administration and management of the lands by Anangu Pitjantjatjara Yankunytjatjara. (2) It is an object of this Act that Anangu men and Anangu women are afforded the opportunity to have equal representation on the Executive Board. Part 2—Anangu Pitjantjatjara Yankunytjatjara Division 1—Constitution of Anangu Pitjantjatjara Yankunytjatjara as body corporate 5—Constitution of Anangu Pitjantjatjara Yankunytjatjara as body corporate (1) The body corporate known as Anangu Pitjantjatjara continues in existence as Anangu Pitjantjatjara Yankunytjatjara. (2) All Anangu are members of Anangu Pitjantjatjara Yankunytjatjara. (3) Anangu Pitjantjatjara Yankunytjatjara must have a common seal. (4) In any legal proceedings, an apparently genuine document purporting to bear the common seal of Anangu Pitjantjatjara Yankunytjatjara and the signatures of— (a) a majority of the members of the Executive Board; or (b) any 2 of the following: (i) the Chairperson; (ii) the Deputy Chairperson; (iii) the Director of Administration; (iv) the General Manager, 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. Division 2—Powers and functions of Anangu Pitjantjatjara Yankunytjatjara 6—Powers and functions of Anangu Pitjantjatjara Yankunytjatjara (1) The functions of Anangu Pitjantjatjara Yankunytjatjara are as follows: (a) to ascertain the wishes and opinions of traditional owners in relation to the management, use and control of the lands and to seek, where practicable, to give effect to those wishes and opinions; and (b) to protect the interests of traditional owners in relation to the management, use and control of the lands; and (c) to negotiate with persons desiring to use, occupy or gain access to any part of the lands; and (d) to administer land vested in Anangu Pitjantjatjara Yankunytjatjara. (2) Subject to this section, Anangu Pitjantjatjara Yankunytjatjara has the following powers: (a) the power to sue and be sued; and (b) the power— (i) to grant a lease or licence, for any period it thinks fit, in respect of any part of the lands to an Anangu or an organisation comprised of Anangu; (ii) to grant a lease or licence, for a period not exceeding fifty years, in respect of any part of the lands to an agency or instrumentality of the Crown; (iii) to grant a lease or licence, for a period not exceeding 10 years, in respect of any part of the lands to any other person or body of persons; and (c) the power to acquire by agreement, hold, deal in, or dispose of, land outside the lands; and (d) the power to enter into contracts; and (e) the power to appoint and dismiss staff; and (f) the power to receive and disburse moneys; and (g) the power to obtain advice from persons who are expert in matters with which Anangu Pitjantjatjara Yankunytjatjara is concerned; and (h) the power to establish offices; and (i) the power to make a constitution relating to— (i) the conduct of meetings of Anangu Pitjantjatjara Yankunytjatjara; and (ii) the procedures to be followed in resolving disputes; and (iii) any other matter that may be necessary or expedient in relation to the conduct or administration of the affairs of Anangu Pitjantjatjara Yankunytjatjara; and (j) the power to take such other steps as may be necessary or expedient for, or incidental to, the performance of its functions. (3) Anangu Pitjantjatjara Yankunytjatjara must not grant a lease or licence for a period exceeding 5 years under subsection (2)(b)(i) or (iii) except in accordance with a resolution made at an annual general meeting or a special general meeting held in accordance with this Act. (4) Subject to this or any other Act, a lease or licence relating to the lands may only be granted by resolution of the Executive Board. (5) An application for a lease or licence under subsection (2)(b)(ii) must be considered, and a resolution made to determine the application, as soon as is reasonably practicable after the application is received by the Executive Board. (6) The interest of the lessee or licensee under a lease or licence granted by Anangu Pitjantjatjara Yankunytjatjara— (a) must not be mortgaged; and (b) subject to the conditions of the lease or licence, must not be transferred, assigned, sublet, sublicensed or otherwise dealt with without the consent of the Executive Board. (7) A mortgage, transfer, assignment, sublease, sublicence or other interest created in contravention of this section is void and of no effect. (8) The Executive Board— (a) must not unreasonably withhold consent under subsection (6)(b); and (b) must not require the payment of a fee for giving such consent, or considering an application for such consent, that exceeds the reasonable expenses of Anangu Pitjantjatjara Yankunytjatjara in relation to that act. 7—Requirement of consultation Anangu Pitjantjatjara Yankunytjatjara shall, before carrying out or authorising or permitting the carrying out of any proposal relating to the administration, development or use of any portion of the lands, have regard to the interests of, and consult with, traditional owners having a particular interest in that portion of the lands, or otherwise affected by the proposal, and shall not carry out the proposal, or authorise or permit it to be carried out, unless satisfied that those traditional owners— (a) understand the nature and purpose of the proposal; and (b) have had the opportunity to express their views to Anangu Pitjantjatjara Yankunytjatjara; and (c) consent to the proposal. Division 3—General meetings of Anangu Pitjantjatjara Yankunytjatjara 8—Annual general meetings and special general meetings (1) There shall be an annual general meeting of Anangu Pitjantjatjara Yankunytjatjara once in every calendar year. (3) An annual general meeting of Anangu Pitjantjatjara Yankunytjatjara shall be held not more than fifteen months after the last preceding annual general meeting. (4) A special general meeting of Anangu Pitjantjatjara Yankunytjatjara must be held if— (a) the Executive Board passes a resolution that such a meeting be held; or (b) not less than 10 members of Anangu Pitjantjatjara Yankunytjatjara make a request to the Executive Board that such a meeting be held, and such a meeting must be held as soon as is reasonably practicable after the resolution is passed or request made (as the case requires). Division 4—The Executive Board of Anangu Pitjantjatjara Yankunytjatjara 9—Executive Board of Anangu Pitjantjatjara Yankunytjatjara (1) There shall be an Executive Board of Anangu Pitjantjatjara Yankunytjatjara. (2) The Executive Board consists of up to 14 members elected or appointed in accordance with this Act. Note— Each electorate will be able to elect 1 male member and 1 female member of the Executive Board. (2a) A person may not, while holding office as the Director of Administration, the General Manager or an employee of Anangu Pitjantjatjara Yankunytjatjara, be a member of the Executive Board. (4) A member of the Executive Board holds office until the next election of members and is, subject to the constitution, eligible for re-election. (6) An election of members of the Executive Board— (a) must (unless the Minister determines otherwise) be conducted during the period commencing on 1 May and ending on 31 August in the third year following the previous election; and (b) must be conducted by the Electoral Commissioner— (i) in accordance with the rules set out in Schedule 3; and (ii) to the extent that the rules set out in Schedule 3 fail to deal with a matter that, in the opinion of the Electoral Commissioner, is necessary for the proper conduct of the election—in accordance with rules determined by the Electoral Commissioner in relation to that matter. (7) The validity of any election or return may be disputed in accordance with Schedule 3 and not otherwise. (8) The Electoral Commissioner must review the electorates constituted in accordance with Schedule 3 to be reviewed not later than 3 months prior to each election (and such a review must include consultation with Anangu Pitjantjatjara Yankunytjatjara and the Executive Board). (9) Subject to subsection (11), a member of the Executive Board must, within 3 months after being elected or appointed, commence a course of training related to corporate governance that has been approved by the Minister. (10) The Minister must determine an application for approval of such a course within 28 days after receiving the application, and may, in determining whether to approve a course, take into consideration any matter the Minister thinks fit. (11) The Minister may, by notice in writing, exempt a member of the Executive Board from the requirement under subsection (9) on any ground the Minister thinks fit. 9A—Offences relating to election of Executive Board (1) A person who— (a) exercises violence or intimidation, or offers or gives a bribe, with a view to— (i) inducing a person to submit or withdraw candidature for an election under section 9; or (ii) influencing the vote of a person at such an election; or (iii) otherwise interfering with the due course of an election; or (b) receives a bribe offered in contravention of paragraph (a), is guilty of an offence. Maximum penalty: $10 000 or imprisonment for seven years. (2) A person who— (a) dishonestly exercises, or attempts to exercise, a vote at an election under section 9 to which that person is not entitled; or (b) dishonestly influences or attempts to influence the result of such an election; or (c) hinders or interferes with the free exercise or performance, by another person, of a right in respect of such an election, is guilty of an offence. Maximum penalty: $5 000 or imprisonment for one year. (3) A person who is a candidate for election or acting on behalf of such a candidate (whether with or without the candidate's authority) must not act as an assistant to a person voting at the election. Maximum penalty: $5 000 or imprisonment for one year. (4) A scrutineer must not act as an assistant to a person voting at an election. Maximum penalty: $5 000 or imprisonment for one year. (5) A person must not, by clandestine or dishonest means, attempt to discover how another person has voted. Maximum penalty: $1 250 or imprisonment for 3 months. (6) A person who acquires knowledge of the vote of another person in the exercise of powers or functions under this Act must not divulge that knowledge. Maximum penalty: $2 500 or imprisonment for 6 months. (7) To avoid doubt, no declaration of public policy or promise of public action constitutes bribery or dishonest influence. (8) In this clause— bribe includes any pecuniary sum or material advantage including food, drink or entertainment. 9B—Functions and powers of the Executive Board (1) The Executive Board is the governing body of Anangu Pitjantjatjara Yankunytjatjara. (2) Subject to this Act, the Executive Board— (a) is responsible for carrying out the functions of Anangu Pitjantjatjara Yankunytjatjara and the day-to-day business of Anangu Pitjantjatjara Yankunytjatjara; and (b) may, in carrying out the functions of Anangu Pitjantjatjara Yankunytjatjara, exercise any power conferred on Anangu Pitjantjatjara Yankunytjatjara by or under this Act. (3) The Executive Board must, in carrying out its functions, endeavour to advance the interests of Anangu at all times. (4) The Executive Board must comply with a resolution of Anangu Pitjantjatjara Yankunytjatjara made at an annual or special general meeting held in accordance with this Act that directs the Executive Board to act, or to not act, in a specified manner. (5) An act of the Executive Board done in accordance with this Act is binding on Anangu Pitjantjatjara Yankunytjatjara. 9C—Chairperson and Deputy Chairperson (1) Subject to this section, the Executive Board must elect 1 of its number to be the Chairperson, and 1 to be the Deputy Chairperson. (2) An election of a Chairperson or Deputy Chairperson— (a) must take place at the first meeting of the Executive Board following the office or offices of Chairperson or Deputy Chairperson (as the case requires) becoming vacant; and (b) must, unless the election is uncontested, be by secret ballot. (3) The office of Chairperson or Deputy Chairperson— (a) becomes vacant on the day that an election is held under section 9; and (b) becomes vacant when the Chairperson or Deputy Chairperson (as the case requires) resigns from that position by notice in writing given to— (i) in the case of the resignation of the Chairperson—the Deputy Chairperson; or (ii) in the case of the resignation of the Deputy Chairperson—the Chairperson; and (c) becomes vacant when a casual vacancy occurs in the office of the member of the Executive Board who is the Chairperson or Deputy Chairperson (as the case requires); and (d) becomes vacant when the casual vacancy referred to in paragraph (c) is filled in accordance with section 9D. (4) The Chairperson is, in addition to his or her remuneration, allowances and expenses as a member of the Executive Board, entitled to an allowance determined by the Executive Board and approved by the Minister. (5) The Minister must determine to approve, or not approve, the proposed allowance within 28 days after receiving the proposal, and may, in determining whether to approve the allowance, take into consideration any matter the Minister thinks fit. 9D—Casual vacancies (1) The Executive Board may, by resolution passed by at least a two-thirds majority, remove a member of the Executive Board from office if the member— (a) becomes physically or mentally incapable of carrying out official duties satisfactorily; or (b) fails to comply with a duty imposed under section 12B, 12C, 12D or 12F; or (c) is absent, without leave of the Executive Board, from 3 or more consecutive meetings (the first of which having been held 3 months or more before the last); or (ca) resides, without leave of the Executive Board, other than in the electorate from which he or she was elected for a total period of more than 3 months in any 12 month period; or (d) engages in serious misconduct. (2) The office of a member of the Executive Board becomes vacant if the member— (a) dies; or (b) completes a term of office and is not re-elected or reappointed; or (c) resigns by notice in writing addressed to the Chairperson; or (d) is sentenced to imprisonment for an offence; or (da) is found guilty of a serious offence; or (e) is disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or (f) is appointed to the office of Director of Administration or General Manager or is employed by Anangu Pitjantjatjara Yankunytjatjara; or (g) is removed from office by the Executive Board under subsection (1). (3) Subsection (2)(d) or (da) do not apply until the period for appealing against the conviction or finding of guilt has expired or, if an appeal is lodged within that period, until the appeal is finalised. (4) The Minister may direct the Executive Board to remove a member from office who— (a) has failed to comply with a duty imposed under section 12B, 12C, 12D or 12F; or (b) has failed to attend 6 or more consecutive meetings of the Executive Board (the first of which having been held 6 months or more before the last). (5) If a casual vacancy occurs in the office of a member, a supplementary election must, subject to subsection (7), be held in accordance with the following provisions: (a) the supplementary election must be conducted in the electorate from which the member was elected; (b) the supplementary election must be held as soon as possible after the casual vacancy occurs; (c) only a person of the same gender as the member can be elected at the supplementary election; (d) the supplementary election must be conducted in accordance with Schedule 3 (with such modifications as the Electoral Commissioner thinks fit) as if the supplementary election were an election under section 9. (7) If— (a) no person nominates for a supplementary election; or (b) a casual vacancy occurs during the period of 6 months preceding the date on or before which an election must be held under section 9, then the Executive Board may appoint a suitable male or female Anangu (as the case requires) from the electorate from which the member was elected to fill the vacant office. (8) Subject to the provisions of the constitution relating to casual vacancies, a person elected or appointed to fill a casual vacancy will hold office for the balance of the term of the person's predecessor. 9E—Remuneration (1) A member of the Executive Board is entitled to remuneration, allowances and expenses determined by the Executive Board and approved by the Minister. (2) The Minister must determine to approve, or not approve, the proposed remuneration, allowances and expenses within 28 days after receiving the proposal, and may, in determining whether to approve the proposal, take into consideration any matter the Minister thinks fit. 9F—Delegations (1) The Executive Board may delegate to the General Manager (and no other person) a power or function conferred under this or any other Act. (2) However, the following functions and powers must not be delegated: (a) this power of delegation; (b) the power to grant a lease or licence under this Act; (c) the power to grant a permit under this Act; (d) a function requiring that the Executive Board consult with Anangu Pitjantjatjara Yankunytjatjara or a specified group of Anangu. (3) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the Executive Board to act in any matter; and (d) is revocable at will by the Executive Board. 10—Procedure of the Executive Board (1) The Chairperson must call a meeting of the Executive Board for the transaction of business at least once in every 2 months. (2) A quorum of the Executive Board consists of one half the total number of its members (ignoring any fraction resulting from the division) plus 1. (3) A meeting will be chaired by the Chairperson or, in his or her absence, by the Deputy Chairperson and, in the absence of both the Chairperson and the Deputy Chairperson, the members present at a meeting must choose 1 of their number to preside at the meeting. (4) Each member present at a meeting has 1 vote on any question arising for decision. (5) A conference by means of telephone link (including a satellite link) between the members will, for the purposes of this section, be taken to be a meeting of the Executive Board at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by the Executive Board for the purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (6) A decision carried by a majority of votes cast by members at a meeting is a decision of the Executive Board. (7) The Executive Board must have accurate minutes kept of its meetings. (8) Any Anangu is entitled to inspect (without charge) the minutes at the places on the lands, and during the times, nominated by the Executive Board and approved by the Minister. (9) Any Anangu is entitled, on payment of the fee prescribed by the regulations, to a copy of the minutes. (10) Subject to subsection (11), a member of the Executive Board may, by written instrument, appoint another member of the Executive Board to act as his or her proxy at a meeting specified in the instrument of appointment. (11) A member of the Executive Board appointed to act as a proxy for another member at a specified meeting may only so act if he or she— (a) is present at the specified meeting; and (b) exercises the proxy vote at the meeting in accordance with any instructions of the appointing member in the instrument of appointment. (12) A member of the Executive Board is not entitled to additional remuneration for acting as a proxy. (13) To avoid doubt, a proxy vote that is exercised other than in accordance with subsection (11) is void and of no effect. (14) Subject to this Act and the constitution, the Executive Board may determine its own procedures. (15) No act or proceeding of the Executive Board is invalid by reason only of a vacancy in the office of a member of the Executive Board, or any defect in the election or appointment of a person to the Executive Board. 11—Minister may call meetings (1) If— (a) the Chairperson refuses or fails to call a meeting of the Executive Board within 4 months after the previous meeting; or (b) 2 or more successive meetings are inquorate, then the Minister may call a meeting of the Executive Board. (2) The Minister may direct the members of the Executive Board to attend a meeting called under subsection (1). 12—Meetings to be open to all Anangu (1) Subject to subsection (2), a meeting of the Executive Board must be open to all Anangu. (2) The Executive Board may exclude Anangu, or a class of Anangu, who are not members of the Executive Board from a meeting, or part of a meeting, if, in the opinion of the Executive Board, there are reasonable grounds for so doing. (3) The grounds for excluding Anangu, or a class of Anangu, who are not members of the Executive Board from a meeting, or part of a meeting, must be recorded in the minutes of the meeting. 12A—Advisory committees (1) The Executive Board may establish advisory committees to provide advice in relation to any functions of the Executive Board under this Act. (2) The Executive Board must determine the following procedures of an advisory committee: (a) the conditions of appointment of the members of the advisory committee; and (b) the matter or matters on which the advisory committee is to advise; and (c) the manner in which the advisory committee is to report to the Executive Board; and (d) the date on or before which the advisory committee must provide a report to the Executive Board, and may determine any other procedures of an advisory committee. (3) A member of an advisory committee is entitled to remuneration, allowances and expenses determined by the Executive Board and approved by the Minister. (4) Subject to this Act, an advisory committee may determine its own procedures. 12B—Duty to exercise care and diligence (1) A member of the Executive Board must at all times exercise a reasonable degree of care and diligence in the performance of his or her functions. (2) A member of the Executive Board does not commit any breach of duty under this section by acting in accordance with a lawful resolution of Anangu Pitjantjatjara Yankunytjatjara. 12C—Duty to act honestly A member of the Executive Board must at all times act honestly in the performance of the functions of his or her office, whether within or outside the State. 12D—Duty with respect to conflict of interest (1) A member of the Executive Board who has a direct or indirect personal or pecuniary interest in a matter decided or under consideration by the Executive Board— (a) must, as soon as reasonably practicable, disclose to the Executive Board full and accurate details of the interest; and (b) must not take part in any discussion by the Executive Board relating to that matter; and (c) must not vote in relation to that matter; and (d) must be absent from the meeting room when any such discussion or voting is taking place. (2) If a member of the Executive Board makes a disclosure of interest and complies with the other requirements of subsection (1) in respect of a proposed contract— (a) the contract is not liable to be avoided by the Executive Board; and (b) the member is not liable to account to the Executive Board for profits derived from the contract. (3) If a member of the Executive Board fails to make a disclosure of interest or fails to comply with any other requirement of subsection (1) in respect of a proposed contract, the contract is liable to be avoided by the Executive Board. (4) A contract may not be avoided under subsection (3) if a person has acquired an interest in property the subject of the contract in good faith for valuable consideration and without notice of the contravention. (5) If a member of the Executive Board has or acquires a personal or pecuniary interest, or is or becomes the holder of an office, such that it is reasonably foreseeable that a conflict might arise with his or her duties as a member of the Executive Board, the member must, as soon as reasonably practicable, disclose to the Executive Board full and accurate details of the interest or office. (6) A disclosure under this section must be recorded in the minutes of the Executive Board. (7) If, in the opinion of the Executive Board, a particular interest or office of a member of the Executive Board is of such significance that the holding of the interest or office is not consistent with the proper discharge of the duties of the member, the Executive Board may require the member either to divest himself or herself of the interest or office or to resign from the Executive Board (and non-compliance with the requirement constitutes a failure to comply with a duty under this section and hence a ground for removal of the member from the Executive Board). (8) A member of the Executive Board is exempt from this section in respect of an interest in a matter— (a) while he or she remains unaware that he or she has an interest in the matter, but in any proceedings against the member the burden will lie on the member to prove that he or she was not, at the material time, aware of his or her interest; or (b) arising by reason of the fact that the member is a member of a community in an electorate to which the matter relates; or (c) that is shared in common with Anangu generally, or a substantial section of Anangu. 12E—Civil liability for contravention of section 12C or 12D If a person who is a member of the Executive Board or a former member of the Executive Board fails to comply with a duty under section 12C or 12D, Anangu Pitjantjatjara Yankunytjatjara may recover from the person by action in a court of competent jurisdiction— (a) if the person or any other person made a profit as a result of the failure—an amount equal to the profit; and (b) if Anangu Pitjantjatjara Yankunytjatjara suffered loss or damage as a result of the failure—compensation for the loss or damage. 12F—Code of conduct (1) The Executive Board must prepare a code of conduct to be observed by members of the Executive Board, the Director of Administration, the General Manager and any employees of Anangu Pitjantjatjara Yankunytjatjara. (2) The code of conduct must contain the following provisions: (a) a provision requiring that a person referred to in subsection (1) must not divulge or communicate personal information obtained (whether by that person or otherwise) in the course of official duties except— (i) as required or authorised by or under this Act or any other Act or law; or (ii) with the consent of the person to whom the information relates; or (iii) in connection with the administration of this Act; (b) a provision requiring that a person referred to in subsection (1) must not engage in bullying of, harassment of or threatening behaviour towards any Anangu or persons employed by Anangu Pitjantjatjara Yankunytjatjara, in the course of, or the purported course of, official duties; (c) a provision requiring that a person referred to in subsection (1) must declare any unsolicited gifts received by them in the course of, or related to, official duties; (d) any other provision prescribed by the regulations. (3) Subject to this Act, the Executive Board may at any time amend the code of conduct, or substitute a new code of conduct. (4) The code of conduct prepared, and any amendment or substitution under this section, must be presented to Anangu Pitjantjatjara Yankunytjatjara at the next general meeting for approval. (5) A person referred to in subsection (1) must comply with the approved code of conduct. (6) The Executive Board must, within 12 months after each election of the Executive Board, complete (and, as appropriate, implement) a review of its code of conduct under this section. (7) The code of conduct must not diminish a right under any Act or law. (8) A person is entitled to inspect (without charge) the code of conduct— (a) at the places on the lands, and during the times, nominated by the Executive Board and approved by the Minister; and (b) during ordinary office hours at the principal office of Anangu Pitjantjatjara Yankunytjatjara. (9) A person is entitled, on payment of the fee prescribed by the regulations, to a copy of the code of conduct. 12G—Guidelines (1) The Executive Board must, within 6 months after the commencement of this section, prepare and submit to the Minister for approval guidelines to be followed by the Executive Board and the General Manager when entering contracts or engaging in other commercial activities. (2) Subsection (1) does not apply in relation to a lease or licence granted under this Act. (3) A person is entitled to inspect (without charge) the guidelines— (a) at the places on the lands, and during the times, nominated by the Executive Board and approved by the Minister; and (b) during ordinary office hours at the principal office of Anangu Pitjantjatjara Yankunytjatjara. (4) A person is entitled, on payment of the fee prescribed by the regulations, to a copy of the guidelines. 12H—Prudential requirements for certain activities (1) The Executive Board must obtain and consider a report that addresses the prudential issues set out in subsection (2) before the Executive Board engages in any project (whether commercial or otherwise and including through participation in a joint venture, trust, partnership or other similar body) if the expected expenditure of Anangu Pitjantjatjara Yankunytjatjara in relation to the project is likely to exceed 20 per cent of Anangu Pitjantjatjara Yankunytjatjara's approved budget for the year during which the project would be undertaken. (2) The following are prudential issues for the purposes of subsection (1): (a) the relationship between the project and relevant strategic management plans (if any); (b) the level of consultation with Anangu, including contact with Anangu who may be affected by the project and the representations that have been made by them, and the means by which Anangu can influence or contribute to the project or its outcomes; (c) if the project is intended to produce revenue, revenue projections and potential financial risks; (d) the recurrent and whole-of-life costs associated with the project including any costs arising out of proposed financial arrangements; (e) the financial viability of the project, and the short and longer term estimated net effect of the project on the financial position of Anangu Pitjantjatjara Yankunytjatjara; (f) any risks associated with the project, and the steps that can be taken to manage, reduce or eliminate those risks (including by the provision of periodic reports to the Executive Board and the Minister); (g) the most appropriate mechanisms or arrangements for carrying out the project. (3) A report must be prepared by a person whom the Executive Board reasonably believes to be qualified to address the prudential issues set out in subsection (2). (4) A copy of the report must be provided to the Minister as soon as practicable after being received by the Executive Board. (5) Once the Executive Board has made a decision on the relevant project, a copy of the report must be made available for inspection (without charge) by Anangu— (a) at the places on the lands, and during the times, nominated by the Executive Board and approved by the Minister; and (b) during ordinary office hours at the principal office of Anangu Pitjantjatjara Yankunytjatjara, (and may also be made available at an earlier time). (6) However, the Executive Board may take steps to prevent the disclosure of specific information in order to protect its commercial value or to avoid disclosing the financial affairs of a person (other than Anangu Pitjantjatjara Yankunytjatjara). 13—Accounts and audit (1) The Executive Board shall cause proper accounts to be kept of the financial affairs of Anangu Pitjantjatjara Yankunytjatjara. (2) The Executive Board must cause the accounts of Anangu Pitjantjatjara Yankunytjatjara for each financial year to be audited by a registered company auditor. (3) The Auditor-General may audit the accounts of Anangu Pitjantjatjara Yankunytjatjara at any time. (4) The Executive Board must, at the annual general meeting of Anangu Pitjantjatjara Yankunytjatjara— (a) make copies of the audited accounts for the financial year ending on the preceding 30 June available to Anangu; and (b) provide an explanation of the audited accounts, or a part of the audited accounts, if requested by any Anangu. 13A—Reports and budget (1) The Executive Board must, not later than 31 December in each year, prepare and submit to the Minister an annual report on the operations of the Executive Board during the financial year ending on the preceding 30 June (and must provide a copy of the audited accounts for that financial year with the annual report). (2) The Executive Board must, not later than the prescribed day in each year, prepare and submit to the Minister for approval a budget setting out estimates of the Executive Board's proposed expenditure for the next financial year or for some other period determined by the Minister. (3) The Minister may, if he or she is satisfied that the Executive Board has refused or failed to perform or discharge a function or duty under this Act, by notice in writing, direct the Executive Board to prepare a report on the matter. (4) A report or budget (as the case requires) under this section must— (a) in the case of an annual report under subsection (1) or a budget under subsection (2)—contain the information required by the regulations; and (b) in the case of a report required under subsection (3)—contain the information, and be delivered to the Minister on or before the date, specified in the notice; and (c) in any case—be in a form determined by the Minister. (5) The Executive Board must, at an annual general meeting of Anangu Pitjantjatjara Yankunytjatjara— (a) make available to Anangu copies of the annual report for the financial year ending on the preceding 30 June; and (b) if requested by any Anangu, provide an explanation of the annual report, or a part of the annual report. (6) The Minister must determine to approve, or not approve, a budget within 28 days after receiving the proposed budget, and may, in determining whether to approve the budget, take into consideration any matter the Minister thinks fit. Division 4A—Director of Administration and General Manager 13B—Director of Administration (1) There will be a Director of Administration for the lands. (2) The Director of Administration will be appointed by the Executive Board. (3) A person who— (a) has been found guilty of a serious offence within the preceding 10 years; or (b) has ever been removed from office for failing to comply with— (i) a duty imposed under section 13H, 13I or 13J; or (ii) a corresponding duty imposed under any other Act or law; or (c) is disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth, must not be appointed as the Director of Administration. (4) The Director of Administration will be appointed on conditions (including conditions as to remuneration) determined by the Executive Board with the approval of the Minister and for a term specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment. (5) The Minister must determine to approve, or not approve, the conditions of appointment within 28 days after receiving the conditions, and may, in determining whether to approve the conditions, take into consideration any matter the Minister thinks fit. 13C—Functions of Director of Administration The functions of the Director of Administration are— (a) to oversee the implementation of resolutions of Anangu Pitjantjatjara Yankunytjatjara and the Executive Board; and (b) to carry out any other functions assigned to the Director of Administration— (i) in the instrument of appointment; or (ii) by the Minister after consultation with the Executive Board. 13D—General Manager (1) There will be a General Manager for the lands. (2) The General Manager will be appointed by the Executive Board. (3) A person who— (a) has been found guilty of a serious offence within the preceding 10 years; or (b) has ever been removed from office for failing to comply with— (i) a duty imposed under section 13H, 13I or 13J; or (ii) a corresponding duty imposed under any other Act or law; or (c) is disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or (d) is bankrupt, or has applied to take the benefit of a law for the relief of insolvent debtors, must not be appointed as the General Manager. (4) The General Manager will be appointed on conditions (including conditions as to remuneration) determined by the Executive Board with the approval of the Minister and for a term specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment. (5) The Minister must determine to approve, or not approve, the conditions of appointment within 28 days after receiving the conditions, and may, in determining whether to approve the conditions, take into consideration any matter the Minister thinks fit. 13E—Functions of General Manager The functions of the General Manager are— (a) to implement the resolutions of the Executive Board in a timely and efficient manner; and (b) to undertake responsibility for the day-to-day operations and affairs of Anangu Pitjantjatjara Yankunytjatjara; and (c) to ensure that records required under this or another Act are properly kept and maintained; and (d) to discharge any duties under this or any other Act relating to financial and annual reports; and (e) to ensure that the assets and resources of Anangu Pitjantjatjara Yankunytjatjara are properly managed and maintained; and (f) to exercise, perform or discharge any other powers, functions or duties conferred on the General Manager by or under this or any other Act. 13F—Director of Administration and General Manager subject to direction If an Administrator is appointed in accordance with section 13O, the Director of Administration and the General Manager are subject to the direction and control of the Administrator. 13G—Termination of appointment of Director of Administration or General Manager by Executive Board (1) The Executive Board may terminate the appointment of the Director of Administration or the General Manager if the Director of Administration or the General Manager (as the case requires)— (a) becomes physically or mentally incapable of carrying out official duties satisfactorily; or (b) fails, without reasonable excuse, to carry out official duties to the performance standards specified in the instrument of appointment; or (c) fails to comply with a duty imposed under section 12F, 13H, 13I or13J; or (d) engages in serious misconduct. (2) The appointment of the Director of Administration or the General Manager may only be terminated by resolution passed by at least a two-thirds majority of the members of the Executive Board. (3) The office of Director of Administration or General Manager becomes vacant if the Director of Administration or General Manager (as the case requires)— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by notice in writing addressed to the Executive Board; or (d) is sentenced to imprisonment for an offence; or (da) is found guilty of a serious offence; or (e) is disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or (ea) in the case of the General Manager—becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or (f) is removed from the office by the Executive Board under subsection (1). (4) The Minister may direct the Executive Board to terminate the appointment of the Director of Administration or the General Manager if he or she— (b) in any case—has failed to comply with a duty imposed under section 12F, 13H, 13I or 13J. (5) Subsections (3)(d) and (3)(da) do not apply until the period for appealing against the conviction or finding of guilt has expired or, if an appeal is lodged within that period, until the appeal is finalised. (6) If the Director of Administration or General Manager is temporarily absent, or temporarily unable to discharge his or her official duties, the Executive Board may appoint a person in accordance with this section to act in the position of Director of Administration or General Manager (as the case requires) during the period during which the Director of Administration or General Manager (as the case requires) is absent or unable to discharge his or her official duties. (7) If a casual vacancy occurs in the office of Director of Administration or General Manager, the Executive Board must, as soon as practicable after the vacancy occurs, appoint a person in accordance with this section to fill the vacancy. 13H—Duty to exercise care and diligence (1) The Director of Administration and General Manager must at all times exercise a reasonable degree of care and diligence in the performance of his or her functions. (2) The Director of Administration or General Manager does not commit any breach of duty under this section by acting in accordance with a lawful resolution of Anangu Pitjantjatjara Yankunytjatjara. 13I—Duty to act honestly The Director of Administration and General Manager must at all times act honestly in the performance of the functions of his or her office, whether within or outside the State. 13J—Duty with respect to conflict of interest (1) If the Director of Administration or General Manager has a direct or indirect personal or pecuniary interest in a matter in relation to which he or she is required or authorised to act in the course of official duties, he or she— (a) must, as soon as reasonably practicable, disclose to the Executive Board full and accurate details of the interest; and (b) must not, unless the Executive Board otherwise determines, act in relation to the matter. (2) If the Director of Administration or General Manager makes a disclosure of interest and complies with the other requirements of subsection (1) in respect of a proposed contract— (a) the contract is not liable to be avoided by the Executive Board; and (b) the Director of Administration or General Manager (as the case requires) is not liable to account to the Executive Board for profits derived from the contract. (3) If the Director of Administration or General Manager fails to make a disclosure of interest in respect of a proposed contract, the contract is liable to be avoided by the Executive Board. (4) A contract may not be avoided under subsection (3) if a person has acquired an interest in property the subject of the contract in good faith for valuable consideration and without notice of the contravention. (5) If the Director of Administration or General Manager has or acquires a personal or pecuniary interest, or is or becomes the holder of an office, such that it is reasonably foreseeable that a conflict might arise with his or her official duties, the Director of Administration or General Manager (as the case requires) must, as soon as reasonably practicable, disclose to the Executive Board full and accurate details of the interest or office. (6) A disclosure under this section must be recorded in the minutes of the Executive Board and reported to the Minister. (7) If, in the opinion of the Executive Board, a particular interest or office of the Director of Administration or General Manager is of such significance that the holding of the interest or office is not consistent with the proper discharge of the official duties of the Director of Administration or General Manager (as the case requires), the Executive Board may require the Director of Administration or General Manager (as the case requires) either to divest himself or herself of the interest or office or to resign from the office of Director of Administration or General Manager (and non-compliance with the requirement constitutes a failure to comply with a duty under this section and hence a ground for termination of the appointment of the Director of Administration or the General Manager). (8) The Director of Administration and the General Manager are exempt from this section in respect of an interest in a matter— (a) while he or she remains unaware that he or she has an interest in the matter, but in any proceedings against the Director of Administration or the General Manager the burden will lie on the Director of Administration or the General Manager (as the case requires) to prove that he or she was not, at the material time, aware of his or her interest; or (b) that is shared in common with Anangu generally, or a substantial section of Anangu. 13K—Civil liability for contravention of section 13I or 13J If the Director of Administration or the General Manager, or a former Director of Administration or General Manager, fails to comply with a duty under section 13I or 13J, Anangu Pitjantjatjara Yankunytjatjara may recover from the person by action in a court of competent jurisdiction— (a) if the person or any other person made a profit as a result of the failure—an amount equal to the profit; and (b) if Anangu Pitjantjatjara Yankunytjatjara suffered loss or damage as a result of the failure—compensation for the loss or damage. 13L—Appointment etc by General Manager (1) Subject to this Act, the General Manager is responsible for appointing, managing, suspending and dismissing the employees of Anangu Pitjantjatjara Yankunytjatjara on behalf of Anangu Pitjantjatjara Yankunytjatjara. (2) The General Manager may only appoint an employee of Anangu Pitjantjatjara Yankunytjatjara— (a) if the appointment is consistent with the approved budget for the financial year in which the appointment is to be made; or (b) with the approval of the Executive Board and the Minister. (3) Subject to this Act, the remuneration and other conditions of service of an employee of Anangu Pitjantjatjara Yankunytjatjara will be as determined by the General Manager. (4) The General Manager must, in the exercise of powers under this section, comply with any relevant Act, award or industrial agreement. (5) Suspension of an employee by the General Manager does not affect a right to remuneration in respect of the period of suspension. (6) The Minister must determine to approve, or not approve, a proposed appointment under subsection (2)(b) within 28 days after receiving the proposal, and may, in determining whether to approve the appointment, take into consideration any matter the Minister thinks fit. 13M—Director of Administration, General Manager and employees of Anangu Pitjantjatjara Yankunytjatjara not subject to direction by member of Executive Board The Director of Administration, the General Manager and any employees of Anangu Pitjantjatjara Yankunytjatjara are not subject to direction by an individual member of the Executive Board unless the member of the Executive Board is acting in accordance with a resolution of the Executive Board. 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