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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Aboriginal Land Rights Amendment
Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Aboriginal Land Rights Act 1983 No 42 2
4 Amendment of other Acts 2
5 Repeal of Act 2
Schedule 1 Amendment of Aboriginal Land Rights Act 1983 3
Schedule 2 Amendment of other Acts 87
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Aboriginal Land Rights Amendment
Bill 2006
Act No , 2006
An Act to amend the Aboriginal Land Rights Act 1983 with respect to the
constitution, functions and governance of Aboriginal Land Councils, the provision
of community benefits by those Councils and investment by and business enterprises
of those Councils; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Aboriginal Land Rights Amendment Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Aboriginal Land Rights Amendment Act 2006.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Aboriginal Land Rights Act 1983 No 42
The Aboriginal Land Rights Act 1983 is amended as set out in
Schedule 1.
4 Amendment of other Acts
The Acts specified in Schedule 2 are amended as set out in that
Schedule.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
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Aboriginal Land Rights Amendment Bill 2006
Amendment of Aboriginal Land Rights Act 1983 Schedule 1
Schedule 1 Amendment of Aboriginal Land Rights
Act 1983
(Section 3)
[1] The whole Act (except Schedule 4)
Omit "Pecuniary Interest Tribunal" wherever occurring (except where
elsewhere specifically referred to in this Schedule).
Insert instead "Pecuniary Interest and Disciplinary Tribunal".
[2] Section 3 Purpose of Act
Insert ", and the management of land and other assets and investments," after
"land" in section 3 (d).
[3] Section 3 (e)
Insert after section 3 (d):
(e) to provide for the provision of community benefit schemes
by or on behalf of those Councils.
[4] Section 4 Definitions
Omit ", a Regional Aboriginal Land Council" from the definition of
Aboriginal Land Council in section 4 (1).
[5] Section 4 (1), definition of "Alternate Representative"
Omit the definition.
[6] Section 4 (1)
Insert in alphabetical order:
Board means a Board of a Local Aboriginal Land Council.
Board member means a member of a Board of a Local
Aboriginal Land Council.
community benefit means a benefit or service provided for the
benefit of Aboriginal persons, and may include, but is not limited
to, the following:
(a) funeral funds,
(b) residential accommodation,
(c) education and training,
(d) scholarships and other assistance for education and
training,
(e) cultural activities,
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Aboriginal Land Rights Amendment Bill 2006
Schedule 1 Amendment of Aboriginal Land Rights Act 1983
(f) child care,
(g) aged care services.
community benefits scheme means a scheme for the provision of
community benefits.
community, land and business plan means a plan prepared and
approved under Division 6 of Part 5 or Division 5 of Part 7.
Region means a Region specified in Schedule 5.
[7] Section 4 (1), definition of "officer"
Omit the definition. Insert instead:
officer of an Aboriginal Land Council means a Board member or
the Chairperson or Deputy Chairperson of the New South Wales
Aboriginal Land Council.
[8] Section 4 (1), definition of "Pecuniary Interest Tribunal"
Omit the definition. Insert instead:
Pecuniary Interest and Disciplinary Tribunal means the
Aboriginal Land Councils Pecuniary Interest and Disciplinary
Tribunal established under Division 3 of Part 10.
[9] Section 4 (1), definitions of "Regional Aboriginal Land Council" and
"Regional Aboriginal Land Council area"
Omit the definitions.
[10] Section 4 (1), definition of "satisfactory audited financial statements and
documents"
Omit "or Regional".
[11] Section 4 (1), definition of "satisfactory audited financial statements and
documents"
Omit "under the criteria".
Insert instead "in accordance with the requirements".
[12] Section 36 Claims to Crown lands
Omit ", a Regional Aboriginal Land Council" from section 36 (14).
[13] Section 36 (15)
Omit "Stamp duty under the Stamp Duties Act 1920 shall not be".
Insert instead "Duty under the Duties Act 1997 is not".
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Aboriginal Land Rights Amendment Bill 2006
Amendment of Aboriginal Land Rights Act 1983 Schedule 1
[14] Section 37 Aboriginal lands in travelling stock reserves
Omit "Stamp duty under the Stamp Duties Act 1920 shall not be" from section
37 (8).
Insert instead "Duty under the Duties Act 1997 is not".
[15] Section 40A Transfer of land from one Council to another
Omit "Stamp duty under the Stamp Duties Act 1920" from section 40A (3).
Insert instead "Duty under the Duties Act 1997".
[16] Section 40D Sale etc of land by Local Aboriginal Land Council
Omit "Secretary of the Local Aboriginal Land Council and certifying that the
disposal by the Council" from section 40D (2).
Insert instead "Chairperson of the New South Wales Aboriginal Land Council
and certifying that the disposal by the Local Aboriginal Land Council".
[17] Section 42A
Insert after section 42:
42A Unlawful land dealings
(1) A person must not deal with land, or enter into a transaction or
arrangement to deal with land, vested in an Aboriginal Land
Council knowing that the dealing is not authorised or permitted
by this Act.
Maximum penalty: 100 penalty units.
(2) In this section:
deal with land means sell, purchase, exchange, mortgage or
otherwise dispose of land or lease or grant or release an easement
over land.
[18] Part 5, Division 1A
Omit section 52. Insert instead:
Division 1A Functions of Local Aboriginal Land Councils
52 Functions of Local Aboriginal Land Councils
(1) A Local Aboriginal Land Council has the functions conferred or
imposed on it by or under this or any other Act.
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Schedule 1 Amendment of Aboriginal Land Rights Act 1983
(2) Land acquisition
A Local Aboriginal Land Council has the following functions in
relation to the acquisition of land and related matters:
(a) in accordance with this Act and the regulations, to acquire
land and to use, manage, control, hold or dispose of, or
otherwise deal with, land vested in or acquired by the
Council,
(b) functions relating to the acquisition of land and any other
functions conferred on it by or under Part 4A of the NPW
Act,
(c) to submit proposals for the listing in Schedule 14 to the
NPW Act of lands of cultural significance to Aboriginal
persons that are reserved under the NPW Act,
(d) to negotiate the lease by the Council or by the Council and
one or more other Aboriginal Land Councils of lands to
which section 36A applies to the Minister administering
the NPW Act,
(e) when exercising its functions with respect to land that is
the subject of a lease, or proposed lease, under Part 4A of
the NPW Act, to act in the best interests of the Aboriginal
owners of the land concerned,
(f) to make written applications to the New South Wales
Aboriginal Land Council for the acquisition by the New
South Wales Aboriginal Land Council of land on behalf of,
or to be vested in, the Local Aboriginal Land Council,
(g) to make claims to Crown lands.
(3) Land use and management
A Local Aboriginal Land Council has the following functions in
relation to land use and management:
(a) to consider applications to prospect or mine for minerals
on the Council's land and to make recommendations to the
New South Wales Aboriginal Land Council in respect of
such applications,
(b) to protect the interests of Aboriginal persons in its area in
relation to the acquisition, management, use, control and
disposal of its land.
(4) Aboriginal culture and heritage
A Local Aboriginal Land Council has the following functions in
relation to Aboriginal culture and heritage:
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Aboriginal Land Rights Amendment Bill 2006
Amendment of Aboriginal Land Rights Act 1983 Schedule 1
(a) to take action to protect the culture and heritage of
Aboriginal persons in the Council's area, subject to any
other law,
(b) to promote awareness in the community of the culture and
heritage of Aboriginal persons in the Council's area.
(5) Financial stewardship
A Local Aboriginal Land Council has the following functions in
relation to financial management and business planning:
(a) to prepare and implement, in accordance with this Act, a
community, land and business plan,
(b) to manage, in accordance with this Act and consistently
with its community, land and business plan, the investment
of any assets of the Council,
(c) to facilitate business enterprises, in accordance with this
Act and the regulations and consistently with its
community, land and business plan.
(6) Other functions prescribed by regulations
A Local Aboriginal Land Council has any other functions
prescribed by the regulations.
52A Community benefits schemes
(1) A Local Aboriginal Land Council may, in accordance with an
approval of the New South Wales Aboriginal Land Council:
(a) directly or indirectly, provide community benefits under
community benefits schemes, and
(b) without limiting paragraph (a), provide, acquire, construct,
upgrade or extend residential accommodation for
Aboriginal persons in its area.
(2) The New South Wales Aboriginal Land Council must not
approve a community benefits scheme of a Local Aboriginal
Land Council unless it is satisfied that:
(a) the proposed scheme complies with this Act and the
regulations, and
(b) the proposed scheme is consistent with any applicable
policy of the New South Wales Aboriginal Land Council,
and
(c) the proposed scheme is consistent with the community,
land and business plan of the Local Aboriginal Land
Council, and
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Aboriginal Land Rights Amendment Bill 2006
Schedule 1 Amendment of Aboriginal Land Rights Act 1983
(d) the proposed scheme is fair and equitable and will be
administered in a way that is responsible and transparent,
and
(e) the proposed scheme is not likely to prevent the Local
Aboriginal Land Council from being able to meet its debts
as and when they fall due, and
(f) the need for the proposed benefits is not otherwise being
adequately met.
(3) A Local Aboriginal Land Council must ensure that any
community benefits scheme under which community benefits are
provided by it or on its behalf:
(a) complies with this Act and the regulations, and
(b) is consistent with any applicable policy of the New South
Wales Aboriginal Land Council, and
(c) is consistent with the community, land and business plan
of the Local Aboriginal Land Council.
(4) A Local Aboriginal Land Council may provide community
benefits under a community benefits scheme to persons within
the areas of other Local Aboriginal Land Councils and may
provide community benefits in conjunction with one or more
other Aboriginal Land Councils.
52B Social housing schemes
(1) This section applies to a community benefits scheme in relation
to the acquisition and provision by or on behalf of a Local
Aboriginal Land Council of residential accommodation for
Aboriginal persons in its area and to the construction, upgrading
and extension of any such accommodation (a social housing
scheme).
(2) The New South Wales Aboriginal Land Council must not
approve a social housing scheme under section 52A unless:
(a) it is satisfied that the income (including any subsidies and
grants) from any existing social housing scheme provided
by or on behalf of the Local Aboriginal Land Council or of
the proposed scheme is or will be sufficient to meet all the
expenses of the scheme concerned, including long term
maintenance requirements, and
(b) it has considered the likely impact of the proposed scheme
on the overall financial situation of the Local Aboriginal
Land Council.
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Aboriginal Land Rights Amendment Bill 2006
Amendment of Aboriginal Land Rights Act 1983 Schedule 1
(3) A Local Aboriginal Land Council may provide a social housing
scheme by using the services of another body or agency, or with
the assistance of another body or agency, approved by the New
South Wales Aboriginal Land Council either generally or in
relation to a particular social housing scheme.
(4) Section 40B (2) applies to a lease by a Local Aboriginal Land
Council (whether or not for a period exceeding 3 years), if the
lease is for the purposes of the provision or management of a
social housing scheme.
52C Trusts
(1) A Local Aboriginal Land Council may, with the approval of the
New South Wales Aboriginal Land Council, establish, or
participate in the establishment of, a trust for the purpose of
providing a community benefits scheme.
(2) The New South Wales Aboriginal Land Council must not give an
approval for the purposes of this section unless it is of the opinion
that the proposed action by the Local Aboriginal Land Council:
(a) complies with this Act and the regulations, and
(b) is consistent with any applicable policy of the New South
Wales Aboriginal Land Council, and
(c) is consistent with the community, land and business plan
of the Local Aboriginal Land Council, and
(d) is not likely to prevent the Local Aboriginal Land Council
from being able to meet its debts as and when they fall due.
(3) Regulations may be made for or with respect to financial and
reporting obligations for trusts established by Local Aboriginal
Land Councils.
52D Duty of Aboriginal Land Council not to transfer land or other
assets to Council members, Board members, staff or consultants
(1) A Local Aboriginal Land Council must ensure that no part of the
income or property of the Council is transferred directly or
indirectly by way of dividend or bonus or otherwise by way of
profit to members of the Council, Board members or any member
of staff of, or consultant to, the Council.
(2) Nothing in this section prevents:
(a) the provision of a benefit in good faith to a Council
member, Board member, member of staff or consultant in
accordance with this Act, or
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Aboriginal Land Rights Amendment Bill 2006
Schedule 1 Amendment of Aboriginal Land Rights Act 1983
(b) the payment in good faith of remuneration to any such
member, Board member, member of staff or consultant.
52E Delegation of functions by Local Aboriginal Land Councils
(1) A Local Aboriginal Land Council may, by resolution, delegate to
any person or body the exercise of any of the functions of the
Council, other than the following:
(a) the acquisition of land and the use, management, control,
holding or disposal of, or otherwise dealing with, land
vested in or acquired by the Council,
(b) any function under this or any other Act that is expressly
required to be exercised by resolution of the voting
members of the Council.
(2) Each Local Aboriginal Land Council must, once every year,
review all its delegations.
52F Rules of Local Aboriginal Land Councils
(1) The purpose of this section is to provide rules for Local
Aboriginal Land Councils relating to those Councils' functions
and operations.
(2) The rules prescribed by the regulations as model rules are the
rules for a Local Aboriginal Land Council.
(3) However, a Local Aboriginal Land Council may prepare its own
rules and submit them to the Registrar for approval.
(4) On approval by the Registrar, the rules prepared by a Local
Aboriginal Land Council, to the extent that they are not
inconsistent with this Act or the regulations, become the rules of
the Council to the exclusion of the model rules.
(5) A Local Aboriginal Land Council's rules may, with the approval
of the Registrar, be amended, repealed or replaced from time to
time.
(6) A Local Aboriginal Land Council may appeal to the Court
against the Registrar's refusal to approve of rules or to approve
of an amendment, a repeal or a replacement of its rules.
(7) On the hearing of an appeal under subsection (6), the Court may
direct the Registrar to approve of rules, or an amendment, a
repeal or a replacement of rules, specified in the direction.
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Aboriginal Land Rights Amendment Bill 2006
Amendment of Aboriginal Land Rights Act 1983 Schedule 1
52G Functions to be exercised by Council resolution
The following functions are to be exercised, in accordance with
this Act, by resolution of the voting members of a Local
Aboriginal Land Council:
(a) acceptance of persons as qualified for membership,
(b) delegation of functions of the Council,
(c) approval of the rules and code of conduct of the Council
and any amendment to or repeal or replacement of those
rules or that code,
(d) approval of the community, land and business plan of the
Council and any changes to the plan,
(e) approval of dealings with land,
(f) receipt of the annual budget and the financial statements of
the Council,
(g) election of Board members,
(h) suspension of members from attending or voting at
meetings of the Council,
(i) approval of requests to change the name of the Council's
area or for the amalgamation or dissolution of the Council,
or its re-allocation to another Region.
52H Meetings of Local Aboriginal Land Councils
Part 1 of Schedule 3 has effect.
[19] Section 54 Local Aboriginal Land Council membership rolls
Omit "Secretary" from section 54 (1). Insert instead "chief executive officer".
[20] Section 54 (2)-(2B)
Omit section 54 (2). Insert instead:
(2) The chief executive officer of a Local Aboriginal Land Council
must list on the membership roll for the area of the Council the
names and addresses of those persons who are qualified for
membership.
(2A) A person is qualified for membership if:
(a) the person is an adult Aboriginal person who resides
within the area of the Local Aboriginal Land Council
concerned and is accepted as being qualified on that basis
to be a member by a meeting of the Council, or
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Aboriginal Land Rights Amendment Bill 2006
Schedule 1 Amendment of Aboriginal Land Rights Act 1983
(b) the person is an adult Aboriginal person who has a
sufficient association with the area of the Local Aboriginal
Land Council concerned (as determined by the voting
members of the Council at a meeting of the Council) and
is accepted as being qualified on that basis to be a member
by a meeting of the Council, or
(c) the person is an Aboriginal owner in relation to land within
the area of the Local Aboriginal Land Council concerned
and has made a written application for membership in
accordance with subsection (3).
(2B) The membership roll must indicate whether a member is a person
who is included on the roll because of residence or association, or
as an Aboriginal owner, and must indicate the basis for that
inclusion.
[21] Section 54 (3) (a)-(b1)
Omit the paragraphs. Insert instead:
(a) declares that the person is eligible for inclusion on the
membership roll, and
(b) sets out the grounds (other than acceptance as being
qualified at a meeting) on which the person is qualified for
inclusion on the membership roll, and
(b1) sets out the basis on which the person asserts his or her
Aboriginal descent and, if the application declares that the
person has a sufficient association with that Council's
area, the basis of that association, and
[22] Section 54 (3) (c)
Omit "Chief Executive Officer of the New South Wales Aboriginal Land
Council".
Insert instead "Registrar".
[23] Section 55 Aboriginal persons may be members of more than one Local
Aboriginal Land Council
Omit section 55 (3). Insert instead:
(3) The Local Aboriginal Land Council in relation to which the
person has voting rights is to be the Council nominated by the
person or, if the person has not made a nomination, the Council
for the area within which the person resides.
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Aboriginal Land Rights Amendment Bill 2006
Amendment of Aboriginal Land Rights Act 1983 Schedule 1
[24] Section 55 (4) (a)
Omit the paragraph. Insert instead:
(a) in elections for Board members, or
[25] Section 55 (4), note
Omit the note.
[26] Section 55 (4A)
Insert after section 55 (4):
(4A) A voting member of a Local Aboriginal Land Council is not
entitled to vote in elections for Board members if:
(a) the member has not attended at least 2 meetings of the
Council in the preceding 12 months as a voting member, or
(b) the member is suspended from membership of the Council
or Board.
[27] Section 55 (5)
Insert "or a member referred to in subsection (4A)" after "Council".
[28] Section 56 Nomination of voting area
Omit "Chief Executive Officer of the New South Wales Aboriginal Land
Council" wherever occurring.
Insert instead "Registrar".
[29] Section 56 (3) and (5)
Omit "Chief Executive Officer" where secondly occurring in section 56 (3)
and where occurring in section 56 (5).
Insert instead "Registrar".
[30] Section 56 (4)
Omit the subsection. Insert instead:
(4) If a nomination is not made within the time required under
subsection (3), the Local Aboriginal Land Council in relation to
which the person has voting rights is to be the Council for the area
within which the person resides.
[31] Section 56 (5)
Omit "or of a determination".
Insert instead "or of a failure to make a nomination".
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Aboriginal Land Rights Amendment Bill 2006
Schedule 1 Amendment of Aboriginal Land Rights Act 1983
[32] Section 56 (5)
Omit "Secretary of the New South Wales Aboriginal Land Council".
Insert instead "Registrar".
[33] Section 56 (5) and (6)
Omit "Secretary" where secondly occurring in section 56 (5) and where
occurring in section 56 (6).
Insert instead "chief executive officer".
[34] Section 57 Suspension of members from attending Council meetings
Omit "an officer or Regional or Alternate Representative" from section 57 (1).
Insert instead "a Board member".
[35] Section 57 (1), note
Omit the note.
[36] Section 57 (4)
Omit "Secretary". Insert instead "chief executive officer".
[37] Section 57 (4)
Omit "Chief Executive Officer of the New South Wales Aboriginal Land
Council".
Insert instead "Registrar".
[38] Section 58 Removal of person's name from membership roll
Omit "Secretary". Insert instead "chief executive officer".
[39] Section 58 (d)
Insert at the end of section 58 (c):
, or
(d) the chief executive officer is satisfied, after making
reasonable inquiries, that the residential address of the
person is unknown.
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Aboriginal Land Rights Amendment Bill 2006
Amendment of Aboriginal Land Rights Act 1983 Schedule 1
[40] Section 59
Omit the section. Insert instead:
59 Updating and consolidation of membership rolls
(1) The chief executive officer of each Local Aboriginal Land
Council must:
(a) within such period as may be prescribed by the regulations,
send a copy of the Council's membership roll, certified as
correct by the chief executive officer, to the Registrar, and
(b) advise the Registrar in writing of any changes to the
membership roll that have occurred since a copy was last
sent to the Registrar.
(2) The chief executive officer of a Local Aboriginal Land Council
is to ensure, so far as practicable, that the membership roll of the
Council is kept up to date.
(3) The Registrar is to compile and maintain a consolidated roll of all
members of Local Aboriginal Land Councils.
(4) The New South Wales Aboriginal Land Council must, at the
request of the Registrar, pay to the Registrar a contribution, of an
amount approved by the Minister, for the cost of the exercise of
the Registrar's functions under this section.
[41] Part 5, Division 3
Omit Divisions 3 and 4 of Part 5. Insert instead:
Division 3 Boards of Local Aboriginal Land Councils
61 Local Aboriginal Land Councils to have Boards
(1) Each Local Aboriginal Land Council is to have a Board
consisting of not less than 5, and not more than 10, members.
(2) The number of Board members for each Local Aboriginal Land
Council is to be determined in accordance with the regulations.
(3) Part 2 of Schedule 3 has effect with respect to the procedure of
Boards of Local Aboriginal Land Councils.
(4) The regulations may prescribe additional requirements with
respect to meetings.
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Aboriginal Land Rights Amendment Bill 2006
Schedule 1 Amendment of Aboriginal Land Rights Act 1983
62 Functions of Boards of Local Aboriginal Land Councils
A Board of a Local Aboriginal Land Council has the following
functions:
(a) to direct and control the affairs of the Council, in
accordance with this Act and the regulations and
consistently with the community, land and business plan of
the Council,
(b) to facilitate communication between the Council's
members and the New South Wales Aboriginal Land
Council,
(c) to review the performance of the Council in the exercise of
its functions and the achievement of its objectives,
(d) any other functions conferred on the Board by or under this
Act.
63 Board members
(1) The Board members are to be elected at every second annual
meeting of a Local Aboriginal Land Council.
(2) A person is not qualified to stand and be elected as a Board
member of a Local Aboriginal Land Council:
(a) unless the person is a voting member of the Council, or
(b) if the person is suspended or disqualified from holding
office as a Board member or is suspended or disqualified
from membership of the Council.
(3) The term of office of a Board member commences on the Board
member's election and ends on the election of the next Board at
the second annual meeting of the Council following the
member's election.
(4) A Board member is entitled to be paid such travelling and other
allowances as the Minister may from time to time determine in
respect of the member.
(5) A Board member is eligible for re-election, subject to this Act.
(6) The Electoral Commissioner for New South Wales, or a person
employed in the office of and nominated by the Electoral
Commissioner, is to be the returning officer for an election.
(7) Elections for Board members are to be conducted in accordance
with the regulations.
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Amendment of Aboriginal Land Rights Act 1983 Schedule 1
64 Chairperson and Deputy Chairperson
(1) A Chairperson and Deputy Chairperson of the Board of a Local
Aboriginal Land Council are to be elected from among the Board
members at the first meeting of the Board after its election.
(2) The Chairperson and Deputy Chairperson of a Board have the
functions conferred on the Chairperson or Deputy Chairperson
by or under this Act.
(3) In the absence of the Chairperson of a Board, the Deputy
Chairperson:
(a) is, if available, to act in the place of the Chairperson, and
(b) while so acting, has all the functions of the Chairperson
and is taken to be the Chairperson of the Board.
(4) If a Chairperson of a Board becomes a councillor, the person
ceases to be the Chairperson and a new Chairperson is to be
elected.
(5) Elections for Chairperson and Deputy Chairperson are to be
conducted in accordance with the regulations.
65 Training for Board members
(1) The New South Wales Aboriginal Land Council must arrange
training in relation to the matters prescribed by the regulations for
each member elected for the first time to a Board of a Local
Aboriginal Land Council.
(2) The training is to be provided not later than 6 months after the
date of election of a Board member.
(3) A Board member must not refuse or fail to undergo training
provided under this section when required to do so by the New
South Wales Aboriginal Land Council.
(4) If a Board member refuses or fails to undergo training provided
under this section when required to do so by the New South
Wales Aboriginal Land Council, the Board member is, on written
notice being given to the Board member by the Council,
suspended from office as a Board member until the person
undergoes the training.
(5) The New South Wales Aboriginal Land Council may:
(a) exempt a Board member wholly or partly from the
requirement to undergo training provided under this
section, if the Council is satisfied that the Board member
already has sufficient expertise, skills and experience to
carry out his or her functions as a Board member, or
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Schedule 1 Amendment of Aboriginal Land Rights Act 1983
(b) extend the period within which training is to be provided
to a Board member under this section.
66 Grounds for disqualification from office
(1) A person is disqualified from holding office as a Board member
of a Local Aboriginal Land Council if the person:
(a) 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, or
(b) has a conviction for an offence under this Act that was
recorded within the last 5 years, or
(c) has a conviction in New South Wales for any other 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, or
(d) ceases to be a voting member of the Council, or
(e) becomes a councillor of the New South Wales Aboriginal
Land Council, or
(f) is a mentally incapacitated person, or
(g) is or becomes bankrupt, applies to take the benefit of any
law for the relief of bankrupt or insolvent debtors,
compounds with his or her creditors or makes an
assignment of his or her remuneration for their benefit, or
(h) is or was a director or person concerned in the management
of a body corporate that is the subject of a winding up order
or for which a controller or administrator has been
appointed under the Corporations Act 2001 of the
Commonwealth during the last 3 years, or
(i) 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, or
(j) is an employee of, or a consultant to, the Council, or
(k) was, on 2 or more occasions before an administrator was
appointed to the Council, an officer of the Council, or
(l) fails, without a reasonable excuse, for a period of 3 months
or more to comply with a written requirement by the New
South Wales Aboriginal Land Council to undergo training
under section 65, or
(m) is disqualified from holding office as a councillor.
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Amendment of Aboriginal Land Rights Act 1983 Schedule 1
(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) The Registrar may determine that a person is not disqualified on
the ground set out in subsection (1) (k) if the Registrar is satisfied
that it is appropriate in the circumstances that the person not be
disqualified on that ground.
67 Vacancy in office
A person who is a Board member of a Local Aboriginal Land
Council vacates office if the person:
(a) dies, or
(b) is absent from 2 consecutive meetings of the Board or the
Council of which reasonable notice has been given to the
person personally or by post, except on leave granted by
the Board or unless the person is excused by the Board for
having been absent from those meetings, or
(c) completes a term of office and is not re-elected, or
(d) resigns the office by instrument in writing addressed to the
Council, or
(e) becomes disqualified from holding office as a Board
member under this Act.
68 Casual vacancy
A person is to be appointed in accordance with the regulations to
fill a casual vacancy in the office of a Board member for the
remainder of the term of office.
69 ADT may declare particular offices of Local Aboriginal Land
Council vacant (cf section 329 of Local Government Act 1993)
(1) Any person may apply to the Administrative Decisions Tribunal
for an order declaring that a particular office of a Board member
of a Local Aboriginal Land Council has become vacant under this
Act.
(2) The Tribunal may award costs under section 88 of the
Administrative Decisions Tribunal Act 1997 in respect of
proceedings commenced by an application made under this
section.
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70 Appeals to Supreme Court against order (cf section 330 of Local
Government Act 1993)
(1) A person whose office has been declared vacant by order of the
Administrative Decisions Tribunal may appeal against the order,
on a question of law, to the Supreme Court.
(2) Such an appeal may not be made more than 28 days after the date
on which the order is made.
71 Effect of order declaring vacancy (cf section 331 of Local Government
Act 1993)
An order declaring a vacancy in an office made by the
Administrative Decisions Tribunal under this Division takes
effect:
(a) if no appeal to the Supreme Court is made against the
order, at the end of the period during which such an appeal
may be made, or
(b) if such an appeal is made within that period and the order
is confirmed on appeal, when the order is confirmed, or
(c) if, within that period, the person against whom the order is
made serves on the Chief Executive Officer of the New
South Wales Aboriginal Land Council written notice of
intention not to appeal against the order, when the notice is
lodged.
72 Delegation by Boards
(1) A Board may delegate to any person or body any of the functions
of the Board other than this power of delegation and any matter
under this Act or the regulations that also requires the approval of
the New South Wales Aboriginal Land Council.
(2) A Board must, once every year and immediately after an election
of the Board, review all its delegations.
[42] Sections 78A-78C
Insert after section 78:
78A Chief executive officer
(1) A Local Aboriginal Land Council must employ a member of staff
to exercise the functions of the chief executive officer of the
Council for the purposes of this Act.
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(2) The chief executive officer has the following particular
functions:
(a) the day-to-day management of the Council's affairs,
(b) the exercise of such functions of the Board as are delegated
by the Board to the chief executive officer,
(c) the appointment of staff in accordance with the approval of
the Board,
(d) the direction and dismissal of members of staff,
(e) such other functions as may be conferred or imposed on
the chief executive officer by or under this or any other
Act.
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 Pecuniary Interest and Disciplinary Tribunal within
the last 5 years,
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(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.
78C Filling of vacancy in position of chief executive officer
(1) If a vacancy occurs in the position of chief executive officer, the
Local Aboriginal Land Council must immediately appoint a
person under section 78A to the vacant position or appoint a
person to act in the vacant position.
(2) A vacancy occurs in the position of chief executive officer if the
chief executive officer:
(a) dies, or
(b) completes the term of his or her contract and is not
re-appointed, or
(c) resigns from the position, or
(d) becomes a mentally incapacitated person and is removed
from the position by the Council because of that mental
incapacity, or
(e) is removed from the position on a ground set out in section
78B or for any other reason.
[43] Section 79A
Insert after section 79:
79A Advertising vacancies
(1) If it is proposed to make an appointment to a vacant position in
the staff of a Local Aboriginal Land Council, the chief executive
officer must advertise the vacancy in the manner prescribed by
the regulations.
(2) The chief executive officer need not advertise a vacant position
in the circumstances prescribed by the regulations.
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[44] Part 5, Divisions 6 and 7
Omit the Divisions. Insert instead:
Division 6 Community, land and business plans
82 Community, land and business plans
(1) A Local Aboriginal Land Council must prepare and implement a
community, land and business plan.
(2) A Local Aboriginal Land Council preparing a community, land
and business plan must consult with the following persons:
(a) members of the Council,
(b) persons who have a cultural association with the land
within the Council's area,
(c) any other persons required to be consulted by the
regulations or a policy of the New South Wales Aboriginal
Land Council.
(3) A Local Aboriginal Land Council may amend a community, land
and business plan.
(4) The provisions of this Division apply to any proposed
amendment in the same way as they apply to the preparation and
approval of a plan.
(5) The New South Wales Aboriginal Land Council may exempt a
Local Aboriginal Land Council wholly or partly from the
requirement to prepare a community, land and business plan, if
the New South Wales Aboriginal Land Council is satisfied that,
having regard to the limited operations of the Local Aboriginal
Land Council, compliance is not appropriate.
(6) For the purposes of this section, a person has a cultural
association with land if the person is an Aboriginal owner in
relation to land within the area of the Local Aboriginal Land
Council concerned or is a person of a class prescribed by the
regulations for the purposes of this subsection.
83 Matters covered by plans
(1) A community, land and business plan of a Local Aboriginal Land
Council must contain the following matters:
(a) the objectives and strategy of the Council for the
acquisition, management and development of land and
other assets,
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(b) the objectives and strategy of the Council for the provision
and management of community benefits schemes,
(c) the objectives and strategy of the Council for carrying out
business enterprises and investment,
(d) the objectives and strategy of the Council in relation to
Aboriginal culture and heritage,
(e) if the plan contains particular proposals related to the
strategies in paragraph (a), (b) or (c), strategies for the
development or acquisition of human resources and skills
to implement the proposals,
(f) timelines for the achievement of proposed strategies and
proposals in the plan,
(g) particulars of the assets and liabilities of the Council,
(h) any matter required to be included by a policy of the New
South Wales Aboriginal Land Council,
(i) any other matter prescribed by the regulations.
(2) A community, land and business plan must contain the following
matters in relation to land:
(a) the identity of, and particulars of any encumbrance
affecting, any parcel of land of the Council,
(b) the particulars of any other interest in land of the Council,
(c) whether, and what, land is subject to the restriction
contained in section 40AA or to Part 4A of the NPW Act,
(d) any conditions affecting land of the Council under section
36 or 39,
(e) any other matters prescribed by the regulations.
84 Approval of community, land and business plans
(1) A community, land and business plan is adopted by a Local
Aboriginal Land Council if it is approved by a meeting of the
members of the Council, of which not less than 14 days notice
was given.
(2) A Local Aboriginal Land Council must submit a proposed
community, land and business plan to the New South Wales
Aboriginal Land Council not less than 28 days before any such
meeting.
(3) A Local Aboriginal Land Council must make available to its
members, on request, for a period of not less than 14 days before
any such meeting and at the meeting, a summary of the proposed
community, land and business plan or a copy of the plan.
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(4) The summary is to contain the matters prescribed by the
regulations.
(5) More than one meeting may be called to enable approval of a
community, land and business plan.
(6) A community, land and business plan approved by a Local
Aboriginal Land Council takes effect when it is approved by the
New South Wales Aboriginal Land Council.
(7) A community, land and business plan has effect for the period
(not exceeding 5 years) specified in the plan or until it is replaced,
whichever occurs first.
(8) Failure to comply with a requirement of this Division for the
preparation or approval of a community, land or business plan
does not affect the validity of the plan.
85 Approval of plan by New South Wales Aboriginal Land Council
(1) The New South Wales Aboriginal Land Council must not
approve a community, land and business plan unless it is satisfied
that the plan complies with this Act and the regulations and is
consistent with any applicable policy of the Council.
(2) If a Local Aboriginal Land Council is not able to reach agreement
on a proposed community, land and business plan within 3
months after it is first proposed for approval at a meeting of the
Council, the Chairperson of the Board may refer the proposed
plan to the New South Wales Aboriginal Land Council.
(3) The New South Wales Aboriginal Land Council may amend or
replace a proposed community, land and business plan referred to
it under subsection (2) and may refer the amended or replaced
plan to the Local Aboriginal Land Council for approval.
86 Administration may follow plan failure
(1) A failure by a Local Aboriginal Land Council to approve the
same or another proposed community, land and business plan
after a plan is referred to it by the New South Wales Aboriginal
Land Council under section 85 (3) is, for the purposes of section
222 (1) (e), a substantial breach of the requirements of this Act.
(2) A substantial failure by a Local Aboriginal Land Council to
comply with its community, land and business plan is, for the
purposes of section 222 (1) (e), a substantial breach of the
requirements of this Act.
Note. The effect of a substantial breach is that an administrator may be
appointed for the Local Aboriginal Land Council.
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Division 7 Changes to Local Aboriginal Land Councils
and areas of Local Aboriginal Land Councils
87 Changes to Local Aboriginal Land Council areas
(1) The Minister may, by order published in the Gazette, do any one
or more of the following:
(a) change the name of a Local Aboriginal Land Council area,
(b) change the boundaries of a Local Aboriginal Land Council
area,
(c) amalgamate 2 or more Local Aboriginal Land Council
areas and constitute the amalgamated area as a Local
Aboriginal Land Council area,
(d) without limiting paragraph (b) or (c), include the whole of
the area of a Local Aboriginal Land Council within the
area of one or more other Local Aboriginal Land Councils,
(e) dissolve a Local Aboriginal Land Council.
(2) If the Minister makes an order under subsection (1) (b), (c), (d) or
(e), the Minister may, in the same order, specify the Councils to
which members of existing Councils affected by the order may
(with the members' consent) be allocated, or a method of
determining the allocation of members (with the members'
consent).
(3) The Minister may make an order under subsection (1) only if the
order concerned is permitted or required by or under this Act or
the regulations.
(4) The regulations may make provision of a savings or transitional
nature consequent on the making of orders under this section,
including (but not limited to) construing references to Local
Aboriginal Land Council areas and Councils and elections for
Boards of new Local Aboriginal Land Councils.
88 Effect of dissolution
On the day an order dissolving a Local Aboriginal Land Council
takes effect, the Council ceases to exist and the Board members
of the Council cease to hold office.
89 Transfer of assets, rights and liabilities
(1) If the Minister makes an order under section 87 (1), the Minister
may, after consulting with the New South Wales Aboriginal Land
Council, by order in writing, direct that all or part of the assets,
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Aboriginal Land Rights Amendment Bill 2006
Amendment of Aboriginal Land Rights Act 1983 Schedule 1
rights and liabilities be transferred to an Aboriginal Land Council
specified in the order.
(2) An order under this section may be subject to specified terms and
conditions.
(3) More than one order may be made in respect of the same assets,
rights and liabilities following the making of an order referred to
in subsection (1).
(4) Schedule 3A has effect with respect to the transfer of assets,
rights and liabilities under this section.
(5) Words and expressions used in this section have the same
meanings as they have in Schedule 3A.
(6) Despite any other provision of this section, lands vested in a
Local Aboriginal Land Council under Part 4A of the NPW Act
vest in accordance with that Part.
Note. Part 4A of the NPW Act deals with lands reserved or dedicated
under that Act that are vested in an Aboriginal Land Council or Councils
and are leased by that Council or Councils to the Minister administering
that Act.
90 Voluntary changes
(1) The Minister may make an order under section 87 in relation to a
Local Aboriginal Land Council area or a Local Aboriginal Land
Council on application made by an Aboriginal Land Council or a
person in accordance with the regulations.
(2) For the purposes of this section, regulations may be made for or
with respect to the following matters:
(a) the persons who may apply for an order under section 87,
(b) applications for the making of an order,
(c) procedures for approval of applications,
(d) the making of recommendations to the Minister with
respect to proposals to change Local Aboriginal Land
Council areas,
(e) determination of applications,
(f) the functions of the Registrar in relation to applications,
(g) the lodging of objections against the refusal of
applications,
(h) the reference to the Court of any such objections and the
hearing and determination of any such objections.
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91 Changes on initiative of Minister
(1) The Minister may make an order under section 87 in relation to a
Local Aboriginal Land Council area or a Local Aboriginal Land
Council if the Minister is satisfied that the Council:
(a) has less than 50 voting members, or
(b) has less than 3% of the potential members who reside in its
area, as determined from the most recent available
Australian census data, or
(c) has a membership that is in significant decline, or
(d) has not, for a period of not less than 3 months, been able to
elect the required number of Board members, or
(e) cannot pay its debts as and when they fall due, or
(f) has had qualified audits or has failed to provide complete
financial statements for any 3 of the last 5 years, or
(g) has had an administrator appointed under this Act for any
3 of the last 5 years, or
(h) is the subject of a report by an investigator or administrator
under this Act, the New South Wales Aboriginal Land
Council or the Local Aboriginal Land Council that has
found that the Local Aboriginal Land Council has ceased
to function.
(2) The Minister may take action on a ground specified subsection
(1) (a)-(f) on the basis of a report by the Registrar.
(3) The Minister may not make an order on a ground specified in
subsection (1):
(a) in the case of an order amalgamating one or more Local
Aboriginal Land Councils--except with the consent of the
Councils, or
(b) in the case of an order including the area of a dissolved
Local Aboriginal Land Council in the area of one or more
other Councils--except with the consent of those other
Councils.
92 Objections to Minister's changes
(1) Before taking action on a ground under section 91, the Minister
must notify the following persons of the proposed action and of
their rights under this section:
(a) the New South Wales Aboriginal Land Council,
(b) the Board of any Local Aboriginal Land Council affected,
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Aboriginal Land Rights Amendment Bill 2006
Amendment of Aboriginal Land Rights Act 1983 Schedule 1
(c) the members of any such Council,
(d) any investigator appointed to investigate the affairs of any
such Council,
(e) any administrator of any such Council.
(2) A person notified of a proposed action may make submissions,
within 21 days of being notified, to the Minister about the
proposed action.
(3) Before determining whether to take the action, the Minister must
consider any submissions received under this section.
[45] Part 6
Omit the Part. Insert instead:
Part 6 Regions
93 Regions
(1) The Region for a Local Aboriginal Land Council is the Region
specified for the Council in Schedule 5.
(2) The Governor may, by order published in the Gazette, amend or
substitute Schedule 5.
(3) An order that has the effect of changing the area of a Region may
not be made except on the recommendation of the Minister.
(4) The Minister must not make a recommendation unless the
Minister is satisfied that any Local Aboriginal Land Council
affected, and the New South Wales Aboriginal Land Council,
consent to the change of Region.
(5) Subsection (4) does not apply if the change results from an order
made under section 87.
(6) The New South Wales Aboriginal Land Council or a Local
Aboriginal Land Council may at any time request the Minister to
change the name of a Region or the Council areas included in the
Region.
(7) Regulations may be made for or with respect to elections for
councillors and other matters consequential on changes to
Regions.
[46] Part 7, Division 1, heading
Omit "and functions".
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Aboriginal Land Rights Amendment Bill 2006
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[47] Part 7, Divisions 2-5
Omit section 106 and Divisions 2-8 of Part 7. Insert instead:
Division 2 Functions of New South Wales Aboriginal
Land Council
106 Functions of New South Wales Aboriginal Land Council
(1) The New South Wales Aboriginal Land Council has the functions
conferred or imposed on it by or under this or any other Act.
(2) Land acquisition
The New South Wales Aboriginal Land Council has the
following functions in relation to the acquisition of land and
related matters:
(a) in accordance with this Act and the regulations, to acquire
land on its own behalf or on behalf of or to be vested in a
Local Aboriginal Land Council and to use, manage,
control, hold, transfer to a Local Aboriginal Land Council
or dispose of, or otherwise deal with, land vested in or
acquired by the Council,
(b) functions relating to the acquisition of land and any other
functions conferred on it by or under Part 4A of the NPW
Act,
(c) to submit proposals for the listing in Schedule 14 to the
NPW Act of lands of cultural significance to Aboriginal
persons that are reserved under the NPW Act,
(d) to negotiate the lease by the Council or by the Council and
one or more other Aboriginal Land Councils of lands to
which section 36A applies to the Minister administering
the NPW Act,
(e) when exercising its functions with respect to land that is
the subject of a lease, or proposed lease, under Part 4A of
the NPW Act, to act in the best interests of the Aboriginal
owners of the land,
(f) to make claims to Crown lands, either on its own behalf or,
if requested by a Local Aboriginal Land Council, on behalf
of that Council,
(g) to compile and maintain a register of all land held by Local
Aboriginal Land Councils and to make the information
available on request to the members of the Council
concerned.
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(3) Oversight of Local Aboriginal Land Councils
The New South Wales Aboriginal Land Council has the
following functions in relation to Local Aboriginal Land
Councils:
(a) with the agreement of a Local Aboriginal Land Council, to
manage any of the affairs of the Council,
(b) to assist Local Aboriginal Land Councils in complying
with this Act in respect of the establishment and keeping
of accounts and the preparation and submission of budgets
and financial reports,
(c) to assist Local Aboriginal Land Councils in the preparation
and implementation of community, land and business
plans,
(d) to approve community, land and business plans of Local
Aboriginal Land Councils,
(e) to assist Local Aboriginal Land Councils in conducting
elections in accordance with this Act for Board members,
(f) to determine and approve or disapprove of the terms and
conditions of agreements proposed by Local Aboriginal
Land Councils to allow mining or mineral exploration on
land,
(g) to mediate, conciliate and arbitrate disputes relating to the
operation of this Act or the regulations between Aboriginal
Land Councils, between those Councils and individuals
and between individual members of those Councils and to
refer such disputes to the Registrar or independent
mediators, conciliators and arbitrators.
(4) Policy and advice
The New South Wales Aboriginal Land Council has the
following functions in relation to policy and advice:
(a) to advise the Minister on matters relating to Aboriginal
land rights,
(b) to prepare and implement policies relating to its functions
under this Act and the functions of Local Aboriginal Land
Councils under this Act.
(5) Administration of statutory accounts
The New South Wales Aboriginal Land Council is to administer
the New South Wales Aboriginal Land Council Account and the
Mining Royalties Account established under this Act.
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(6) Native title
The New South Wales Aboriginal Land Council is to exercise the
functions conferred or imposed, by the Commonwealth Native
Title Act, on a representative Aboriginal/Torres Strait Islander
body (within the meaning of that Act) if the Council is
determined to be such a body by the relevant Commonwealth
Minister under that Act.
(7) Aboriginal culture and heritage
The New South Wales Aboriginal Land Council has the
following functions in relation to Aboriginal culture and heritage:
(a) to take action to protect the culture and heritage of
Aboriginal persons in New South Wales, subject to any
other law,
(b) to promote awareness in the community of the culture and
heritage of Aboriginal persons in New South Wales.
(8) Financial stewardship
The New South Wales Aboriginal Land Council has the
following functions in relation to financial management and
business planning:
(a) to prepare and implement policies relating to community,
land and business plans required to be adopted by
Aboriginal Land Councils,
(b) to prepare and implement, in accordance with this Act, a
community, land and business plan,
(c) to manage, in accordance with this Act, the investment of
any assets of the Council,
(d) to facilitate business enterprises, in accordance with this
Act,
(e) to grant funds for the payment of the costs and expenses of
Local Aboriginal Land Councils (whether under funding
agreements with Local Aboriginal Land Councils or
otherwise).
(9) Other functions prescribed by regulations
The New South Wales Aboriginal Land Council has any other
functions prescribed by the regulations.
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107 Training
(1) The New South Wales Aboriginal Land Council is to provide or
arrange training, in accordance with the regulations, for the
purpose of developing the capacity of the following persons to
exercise functions under this Act or the regulations:
(a) councillors,
(b) Board members,
(c) members of staff of Aboriginal Land Councils.
(2) The New South Wales Aboriginal Land Council is to prepare and
implement a capacity development plan for the purposes of
carrying out its functions under this section.
(3) Regulations may be made for or with respect to requirements for
a capacity development plan.
108 Community benefits schemes
(1) The New South Wales Aboriginal Land Council has the
following functions in relation to community benefits schemes:
(a) directly or indirectly, to provide community benefits under
community benefits schemes,
(b) to supervise the community benefits schemes of Local
Aboriginal Land Councils,
(c) to consider and approve the provision of community
benefits schemes by or on behalf of Local Aboriginal Land
Councils,
(d) to make grants or lend money to, or invest money for or on
behalf of, Aboriginal persons,
(e) without limiting paragraph (a), to provide, acquire,
construct, upgrade or extend residential accommodation
for Aboriginal persons in the State,
(f) without limiting paragraph (a), with the approval of the
Minister, to make grants or lend money to a funeral
benefits scheme established for the benefit of Aboriginal
persons,
(g) to maintain a register of approvals by the Council of
community benefits schemes and to notify the Minister of
any such approvals.
(2) The New South Wales Aboriginal Land Council must ensure that
any community benefits scheme under which community
benefits are provided by it or on its behalf:
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(a) complies with this Act and the regulations, and
(b) is consistent with any applicable policy of the Council, and
(c) is consistent with the community, land and business plan
of the Council, and
(d) is fair and equitable and administered in a responsible and
transparent way, and
(e) will not prevent the Council from being able to meet its
debts as and when they fall due.
(3) The New South Wales Aboriginal Land Council may provide
community benefits under a community benefits scheme to
Aboriginal persons within the area of one or more Local
Aboriginal Land Councils and may provide community benefits
in conjunction with one or more Local Aboriginal Land Councils.
109 Social housing schemes
(1) This section applies to a community benefits scheme in relation
to the acquisition and provision by or on behalf of the New South
Wales Aboriginal Land Council of residential accommodation
for Aboriginal persons and to the construction, upgrading and
extension of any such accommodation (a social housing
scheme).
(2) The New South Wales Aboriginal Land Council may provide
benefits under a social housing scheme by using the services of
another body or agency, or with the assistance of another body or
agency.
(3) The New South Wales Aboriginal Land Council must not provide
benefits under a social housing scheme unless:
(a) before the scheme commenced, it considered the likely
impact of the scheme on the Council's overall financial
position, and
(b) it is satisfied that the Council will be able to meet all the
expenses of the scheme, including long term maintenance
requirements.
110 Increased membership of Local Aboriginal Land Councils
(1) The New South Wales Aboriginal Land Council must use its best
endeavours to increase the total number of voting members of
Local Aboriginal Land Councils in the State by not less than 3%
per annum, for the 5 year period commencing at the beginning of
the first financial year after the commencement of this section.
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Aboriginal Land Rights Amendment Bill 2006
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(2) The New South Wales Aboriginal Land Council is to include in
its annual report a report on the steps taken to meet the target
established under this section.
111 Trusts
(1) The New South Wales Aboriginal Land Council may establish,
or participate in the establishment of, a trust for the purpose of
providing a community benefits scheme.
(2) Regulations may be made for or with respect to financial and
reporting obligations of trusts established by the New South
Wales Aboriginal Land Council.
112 Duty of New South Wales Aboriginal Land Council not to transfer
land or other assets to councillors, staff or consultants
(1) The New South Wales Aboriginal Land Council must ensure that
no part of the income or property of the Council is transferred
directly or indirectly by way of dividend or bonus or otherwise by
way of profit to councillors or any member of staff of, or
consultant to, the Council.
(2) Nothing in this section prevents:
(a) the provision of a benefit in good faith to a councillor,
member of staff or consultant in accordance with this Act,
or
(b) the payment in good faith of remuneration to any such
councillor, member of staff or consultant.
113 Policies relating to Aboriginal Land Council functions
(1) The New South Wales Aboriginal Land Council may prepare and
implement policies about the following matters:
(a) the contents, preparation and approval of community, land
and business plans of Local Aboriginal Land Councils,
(b) land dealings by Aboriginal Land Councils, including
assessment and approval of land dealings,
(c) business enterprises and investments of Aboriginal Land
Councils, including assessment and approval of business
enterprises and investments,
(d) the provision of training to members of staff, Board
members and councillors,
(e) community benefits schemes,
(f) financial and reporting requirements for Aboriginal Land
Councils,
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Aboriginal Land Rights Amendment Bill 2006
Schedule 1 Amendment of Aboriginal Land Rights Act 1983
(g) fees for assessments conducted by the Council,
(h) any other matters prescribed by the regulations.
(2) Without limiting subsection (1), a policy relating to community
benefits schemes that provide residential accommodation is to
include criteria for determining applications for approval that
have been determined after consultation with the Aboriginal
Housing Office.
(3) The New South Wales Aboriginal Land Council must review all
of its policies every 5 years.
(4) The New South Wales Aboriginal Land Council must make
copies of its policies publicly available.
114 Procedure for making policies
(1) Before the New South Wales Aboriginal Land Council adopts a
policy it must:
(a) refer the policy to each Local Aboriginal Land Council for
comment, and
(b) consider any submissions made by any Local Aboriginal
Land Council within 30 days of the referral of the policy,
and
(c) obtain the approval of the Minister to the policy.
(2) A policy takes effect on its publication in the Gazette or on a later
day specified in the policy.
(3) A policy may be amended or revoked in the same way as a policy
may be made.
115 New South Wales Aboriginal Land Council may give other
Councils directions regarding certain matters
(1) The New South Wales Aboriginal Land Council may give
directions to Local Aboriginal Land Councils with respect to the
following:
(a) the form, contents and method of preparation of
community, land and business plans,
(b) the keeping of records (including records relating to land
and other assets),
(c) any other matters prescribed by the regulations.
(2) A Local Aboriginal Land Council must comply with a direction
given under this section.
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(3) A direction must not be inconsistent with this Act or the
regulations or any applicable policy of the New South Wales
Aboriginal Land Council.
116 Delegation by New South Wales Aboriginal Land Council
(1) The New South Wales Aboriginal Land Council may delegate to
the Chief Executive Officer or any other person or body (not
including another member of staff of the Council) any of the
functions of the Council, other than the following:
(a) the administration of the New South Wales Aboriginal
Land Council Account and the Mining Royalties Account
established under this Act,
(b) the granting of funds for the payment of the costs and
expenses of Local Aboriginal Land Councils and advisory
committees of the Council,
(c) the acquisition of land on the Council's behalf, or on
behalf of a Local Aboriginal Land Council, and the
transfer of such land to a Local Aboriginal Land Council
and the use, management, control, holding or disposal of,
or otherwise dealing with, land vested in or acquired by the
Council,
(d) the negotiation of the acquisition by the Council, or by one
or more Local Aboriginal Land Councils, of land of
cultural significance to Aboriginal persons that is listed in
Schedule 14 to the NPW Act and the lease of that land to
the Minister administering that Act,
(e) the negotiation of the lease by the Council, or by one or
more Local Aboriginal Land Councils, of land to which
section 36A applies to the Minister administering the NPW
Act,
(f) the determination and approval of terms and conditions of
agreements proposed by Local Aboriginal Land Councils
to allow mining or mineral exploration on land,
(g) approval of community, land and business plans,
(h) advising the Minister on matters relating to Aboriginal
land rights,
(i) this power of delegation,
(j) any function under this or any other Act that is expressly
required to be exercised by resolution of the Council.
(2) The New South Wales Aboriginal Land Council must, once
every year, review all of its delegations.
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117 Rules of the New South Wales Aboriginal Land Council
(1) The purpose of this section is to provide rules for the New South
Wales Aboriginal Land Council relating to the Council's
functions and operations.
(2) The rules prescribed by the regulations as model rules are the
rules for the New South Wales Aboriginal Land Council.
(3) However, the New South Wales Aboriginal Land Council may
prepare its own rules and submit them to the Registrar for
approval.
(4) On approval by the Registrar, the rules prepared by the New
South Wales Aboriginal Land Council, to the extent that they are
not inconsistent with this Act or the regulations, become the rules
of the Council to the exclusion of the model rules.
(5) The New South Wales Aboriginal Land Council's rules may,
with the approval of the Registrar, be amended, repealed or
replaced from time to time.
(6) The New South Wales Aboriginal Land Council may appeal to
the Court against the Registrar's refusal to approve of rules or to
approve of an amendment, a repeal or a replacement of its rules.
(7) On the hearing of an appeal under subsection (6), the Court may
direct the Registrar to approve of rules, or an amendment, a
repeal or a replacement of rules, specified in the direction.
118 Advisory committees
(1) The New South Wales Aboriginal Land Council may from time
time appoint such advisory committees as the Council considers
appropriate for the purpose of advising the Council, carrying out
consultations with Aboriginal persons or facilitating discussion
about issues arising under this Act.
(2) An advisory committee has such functions as the Council may
from time to time determine in respect of it.
(3) An advisory committee consists of such persons appointed by the
Council as the Council thinks fit.
(4) A committee member holds office for such period as is specified
in the instrument of appointment of the committee member, but
any such appointment may be terminated by the Council at any
time.
(5) One of the committee members, in and by the instrument of
appointment of the committee member, is to be appointed as
chairperson of the committee.
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(6) The procedure for the calling of meetings of an advisory
committee and for the conduct of business at those meetings is to
be as determined by the Council or (subject to any determination
of the Council) by the committee.
(7) A committee member is entitled to be paid such travelling and
other allowances as the Minister may from time to time
determine in respect of the committee member.
119 Approvals
(1) The New South Wales Aboriginal Land Council may impose
conditions on any approval given by the Council under this Act.
(2) Without limiting subsection (1), an approval may impose a time
within which a condition must be complied with.
(3) A Local Aboriginal Land Council must comply with the
conditions of an approval given to the Council by the New South
Wales Aboriginal Land Council.
(4) The New South Wales Aboriginal Land Council may revoke an
approval given by the Council under this Act.
Division 3 Councillors of NSW Aboriginal Land Council
120 Membership of New South Wales Aboriginal Land Council
(1) The New South Wales Aboriginal Land Council is to consist of
an Aboriginal councillor elected for each Region.
(2) The councillors (other than the Chairperson of the Council) are to
be full-time.
(3) Subject to this Act, a councillor holds office for a period
beginning on the councillor's election and expiring:
(a) on the councillor's election for another term, or
(b) on the election of the councillor's successor.
(4) A councillor is eligible (if otherwise qualified) for re-election.
(5) A councillor is entitled to be paid remuneration in accordance
with the Statutory and Other Offices Remuneration Act 1975.
(6) A councillor is entitled to be paid such travelling and other
allowances as the Minister may from time to time determine in
respect of the councillor.
(7) Part 3 of Schedule 3 has effect. The regulations may prescribe
additional requirements for or with respect to meetings.
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121 Election of councillors
(1) Each councillor is to be elected in the manner specified in this
Division to represent a Region.
(2) The regulations may make provision for or with respect to the
election of councillors.
(3) The Electoral Commissioner for New South Wales, or a person
employed in the office of and nominated by the Electoral
Commissioner, is to be the returning officer for elections of
councillors.
(4) A person is not qualified to stand for election, or to be elected, as
a councillor representing a Region unless the person is a voting
member of a Local Aboriginal Land Council the area of which is
within the Region.
(5) A person is entitled to vote at an election for a councillor to
represent a Region if the person is a voting member of a Local
Aboriginal Land Council the area of which is within the Region.
(6) A person is only entitled to cast his or her vote in respect of the
Local Aboriginal Land Council area in which the person has
voting rights.
122 Timing of elections
(1) Elections of all councillors are to be held:
(a) not sooner than 3 years and 9 months, and
(b) not later than 4 years and 3 months,
after the previous election of all councillors.
(2) The Minister, in consultation with the New South Wales
Aboriginal Land Council, is in accordance with this section to
determine a date for the election of all councillors and is to notify
the returning officer of that date.
123 Declaration of election
If the returning officer for an election of councillors is advised by
a regional electoral officer that the result of the counting of votes
is that a candidate has been elected, the returning officer must
immediately publicly declare the candidate elected as a
councillor.
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124 Councillors pending determination of disputed return
(1) Section 123 applies even if the election of the candidate (or of any
other candidate in the election) is the subject of an application
under section 125 disputing the validity of the election of the
candidate.
(2) A candidate who is publicly declared elected as a councillor by
the returning officer holds that office until the determination of
any proceedings disputing the validity of the election of the
candidate.
(3) A candidate referred to in subsection (2) is taken to hold office,
and is competent to carry out all the functions and duties of a duly
elected councillor, from the date on which the returning officer
declares the candidate elected, until:
(a) the Court hearing an application under section 125
disputing the validity of the election of the candidate
determines otherwise, or
(b) the term of office of the councillor expires or becomes
vacant,
whichever is the earlier.
(4) The New South Wales Aboriginal Land Council in which a
candidate referred to in subsection (2) holds office is not
invalidly constituted for that reason.
125 Method of disputing elections and returns
(1) The validity of an election for a councillor to represent a Region,
or of any return or statement showing the voting in any such
election, may be disputed by an application to the Court, and not
otherwise.
(2) Any person may make an application to the Court under this
section within 28 days after the returning officer has publicly
declared the result of the election that is the subject of the
application.
(3) In determining an application under this section, the Court has the
same powers as are conferred by section 161 of the
Parliamentary Electorates and Elections Act 1912 on the Court
of Disputed Returns.
(4) The returning officer is entitled to be represented at the hearing
of an application under this section.
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126 Procedure
(1) The procedure of the Court on an application under section 125
is to be determined by rules of Court, or in the absence of rules of
Court, by the Court or a Judge of the Court.
(2) The Court is not bound by the rules or practice of evidence and
can inform itself on any matter in such manner as it considers
appropriate.
(3) Despite section 125 (3), the Court may make an order for costs in
respect of an application under section 125 only if the Court is
satisfied that there are exceptional circumstances that warrant the
making of such an order.
127 Immaterial errors not to invalidate election
(1) An election of councillors of the New South Wales Aboriginal
Land Council, or any return or statement showing the voting in
an election, is not invalid because of:
(a) any delay in taking the votes of the electors or in making
any statement or return, or
(b) the absence of any officer, or
(c) the error or omission of any officer,
that could not have affected the result of the election.
(2) If a person was prevented from voting in an election because of
the absence of any officer, or the error or omission of any officer,
the Court must not admit any evidence of the way the person
intended to vote in order to determine whether or not the absence,
error or omission could have affected the result of the election.
128 Decisions to be final
(1) A decision of the Court in respect of an application under section
125 is final and conclusive and without appeal, and is not to be
questioned in any way.
(2) Section 58 of the Land and Environment Court Act 1979 does not
apply to any such decision of the Court.
129 Chairperson and Deputy Chairperson
(1) The councillors of the New South Wales Aboriginal Land
Council are to elect a Chairperson and a Deputy Chairperson at
the first meeting of the Council following the election of
councillors.
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(2) The Chairperson and Deputy Chairperson are to hold office for a
term of 2 years and are eligible (if otherwise qualified) for
re-election.
(3) The Deputy Chairperson is to act in the office of Chairperson
during the illness or absence of the Chairperson, and the Deputy
Chairperson while so acting, has and may exercise all the
functions of the Chairperson and is taken to be the Chairperson.
130 Role of councillors of NSW Aboriginal Land Council
(1) The role of a councillor is, as a member of the governing body of
the Council:
(a) to direct and control the affairs of the Council in
accordance with this Act, and
(b) to participate in the allocation of the Council's resources
for the benefit of Aboriginal people, and
(c) to participate in the creation and review of the Council's
policies and objectives, and
(d) to review the performance of the Council in the exercise of
its functions and the achievement of its objectives.
(2) The role of a councillor is, in addition:
(a) to represent the interests and respond to the concerns of
Local Aboriginal Land Council members, and
(b) to facilitate communication between the Local Aboriginal
Land Council members and the New South Wales
Aboriginal Land Council.
131 Training for councillors
(1) The New South Wales Aboriginal Land Council must arrange
training in relation to the matters prescribed by the regulations for
each councillor elected for the first time to the Council.
(2) The training is to be provided not later than 6 months after the
date of election of the councillor.
(3) A councillor must not refuse or fail to undergo training provided
under this section when required to do so by the New South
Wales Aboriginal Land Council.
(4) If a councillor refuses or fails to undergo training provided under
this section when required to do so by the New South Wales
Aboriginal Land Council, the councillor is, on written notice
being given to the councillor by the Council, suspended from
office as a councillor until the person undergoes the training.
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(5) The New South Wales Aboriginal Land Council may:
(a) exempt a councillor wholly or partly from the requirement
to undergo training provided under this section, if the
Council is satisfied that the councillor already has
sufficient expertise, skills and experience to carry out his
or her functions as a councillor, or
(b) extend the period within which training is to be provided
to a councillor under this section.
Division 4 Removal from office
132 Grounds for disqualification from office
(1) A person is disqualified from holding office as a councillor of the
New South Wales Aboriginal Land Council if the person:
(a) 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, or
(b) has a conviction for an offence under this Act that was
recorded within the last 5 years, or
(c) has a conviction in New South Wales for any other 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, or
(d) is a mentally incapacitated person, or
(e) is or becomes bankrupt, applies to take the benefit of any
law for the relief of bankrupt or insolvent debtors,
compounds with his or her creditors or makes an
assignment of his or her remuneration for their benefit, or
(f) is or was a director or person concerned in the management
of a body corporate that is the subject of a winding up order
or for which a controller or administrator has been
appointed under the Corporations Act 2001 of the
Commonwealth during the previous 3 years, or
(g) 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, or
(h) is an employee of, or a consultant to, the Council, or
(i) in the case of a councillor, engages in other paid
employment, or
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(j) was, on 2 or more occasions before an administrator was
appointed to the Council, an officer of the Council, or
(k) fails, without a reasonable excuse, for a period of 3 months
or more to comply with a written requirement by the
Council to undergo training under section 125, or
(l) is disqualified from being a Board member, other than on
the ground that the person is a councillor.
(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) The Registrar may determine that a person is not disqualified on
the ground set out in subsection (1) (j) if the Registrar is satisfied
that it is appropriate in the circumstances that the person not be
disqualified on that ground.
133 Vacancy in office
A person who is a councillor of the New South Wales Aboriginal
Land Council vacates office if the person:
(a) dies, or
(b) is absent from 2 consecutive meetings of the Council of
which reasonable notice has been given to the person
personally or by post, except on leave granted by the
Council or unless the person is excused by the Council for
having been absent from those meetings, or
(c) completes a term of office and is not re-elected, or
(d) resigns the office by instrument in writing addressed to the
Council, or
(e) becomes disqualified from holding office as a councillor
under this Act, or
(f) represents a Region the area of which is changed.
134 Casual vacancy
A person is to be appointed in accordance with the regulations to
fill a casual vacancy in the office of a councillor for the remainder
of the term of office.
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135 ADT may declare particular offices of New South Wales Aboriginal
Land Council vacant (cf section 329 of Local Government Act 1993)
(1) Any person may apply to the Administrative Decisions Tribunal
for an order declaring that a particular office of a councillor has
become vacant under this Act.
(2) The Tribunal may award costs under section 88 of the
Administrative Decisions Tribunal Act 1997 in respect of
proceedings commenced by an application made under this
section.
136 Appeals to Supreme Court against order (cf section 330 of Local
Government Act 1993)
(1) A person whose office has been declared vacant by order of the
Administrative Decisions Tribunal may appeal against the order,
on a question of law, to the Supreme Court.
(2) Such an appeal may not be made more than 28 days after the date
on which the order is made.
137 Effect of order declaring vacancy (cf section 331 of Local Government
Act 1993)
An order declaring a vacancy in an office made by the
Administrative Decisions Tribunal under this Division takes
effect:
(a) if no appeal to the Supreme Court is made against the
order, at the end of the period during which such an appeal
may be made, or
(b) if such an appeal is made within that period and the order
is confirmed on appeal, when the order is confirmed, or
(c) if, within that period, the person against whom the order is
made serves on the Chief Executive Officer of the New
South Wales Aboriginal Land Council written notice of
intention not to appeal against the order, when the notice is
lodged.
Division 5 Community, land and business plans
137A Community, land and business plans
(1) The New South Wales Aboriginal Land Council must prepare
and implement a community, land and business plan.
(2) The Council when preparing a community, land and business
plan must consult with the following persons:
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(a) persons who have a cultural association with land within
the State,
(b) any other persons required to be consulted by the
regulations or a policy of the Council.
(3) The New South Wales Aboriginal Land Council may amend a
community, land and business plan.
(4) The provisions of this Division apply to any proposed
amendment in the same way as they apply to the preparation and
approval of a plan.
(5) For the purposes of this section, a person has a cultural
association with land if the person is an Aboriginal owner or a
person of a class prescribed by the regulations for the purposes of
this subsection.
137B Matters covered by plans
(1) A community, land and business plan of the New South Wales
Aboriginal Land Council must contain the following matters:
(a) the objectives and strategy of the Council for the
acquisition, management and development of land and
other assets,
(b) the objectives and strategy of the Council for the provision
and management of community benefits schemes,
(c) the objectives and strategy of the Council for carrying out
business enterprises and investment,
(d) the objectives and strategy of the Council in relation to
Aboriginal culture and heritage,
(e) if the plan contains particular proposals related to the
strategies in paragraph (a), (b) or (c), strategies for the
development or acquisition of human resources and skills
to implement the proposals,
(f) timelines for the achievement of proposed strategies and
proposals in the plan,
(g) particulars of the assets and liabilities of the Council,
(h) any matter required to be included by a policy of the
Council,
(i) any other matter prescribed by the regulations.
(2) A community, land and business plan must contain the following
matters in relation to land:
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(a) the identity, and particulars of any encumbrance affecting,
any parcel of land of the Council,
(b) the particulars of any other interest in land of the Council,
(c) whether, and what, land is subject to the restriction
contained in section 40AA or to Part 4A of the NPW Act,
(d) any conditions affecting land of the Council under section
36 or 39,
(e) any other matters prescribed by the regulations.
137C Approval of community, land and business plans
(1) A community, land and business plan is adopted by the New
South Wales Aboriginal Land Council if it is approved by a
meeting of the Council, of which not less than 14 days notice was
given.
(2) The Chief Executive Officer of the New South Wales Aboriginal
Land Council must make available to its councillors, on request,
for a period of not less than 14 days before any such meeting and
at the meeting, a summary of the proposed community, land and
business plan or a copy of the plan.
(3) The summary is to contain the matters prescribed by the
regulations.
(4) More than one meeting may be called to enable approval of a
community, land and business plan.
(5) The New South Wales Aboriginal Land Council must not
approve a community, land and business plan unless it is satisfied
that the plan complies with this Act and the regulations and is
consistent with any applicable policy of the Council.
(6) A community, land and business plan takes effect when it is
approved by the New South Wales Aboriginal Land Council.
(7) A community, land and business plan has effect for the period
(not exceeding 5 years) specified in the plan or until it is replaced,
whichever occurs first.
(8) Failure to comply with a requirement of this Division for the
preparation or approval of a community, land or business plan
does not affect the validity of the plan.
137D Administration may follow plan failure
(1) A failure by the New South Wales Aboriginal Land Council to
approve a proposed community, land and business plan within 3
months after the plan is first referred to a meeting of the Council
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for approval is, for the purposes of section 223, a ground that
justifies the appointment of an administrator (without any
requirement for a report referred to in section 223 (3)).
(2) A substantial failure by the New South Wales Aboriginal Land
Council to comply with its community, land and business plan is,
for the purposes of section 223, a ground that justifies the
appointment of an administrator (without any requirement for a
report referred to in section 223 (3)).
[48] Section 138A
Insert after section 138:
138A Certain persons must not be employed as Chief Executive Officer
(1) The following persons must not be or continue to be employed as
the Chief Executive Officer of the New South Wales Aboriginal
Land Council:
(a) a person who is a Board member 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 any
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 a Local Aboriginal
Land Council,
(h) a person who has been dismissed on the recommendation
of the Pecuniary Interest and Disciplinary Tribunal within
the last 5 years,
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(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.
[49] Section 141 Filling of vacancy in position of Chief Executive Officer
Omit section 141 (2) (e). Insert instead:
(e) becomes a person who is not eligible to continue to be
employed on a ground referred to in section 138A, or
[50] Section 141A
Insert after section 141:
141A Delegations by Chief Executive Officer
(1) The Chief Executive Officer may delegate to any person or body
any of the functions of the Chief Executive Officer, other than
this power of delegation.
(2) The Chief Executive Officer may sub-delegate a function
delegated to the Chief Executive Officer by the New South Wales
Aboriginal Land Council to any person or body (including
another member of staff of the Council).
[51] Section 142 Staff organisation structure
Omit section 142 (1) (a) (ii).
[52] Section 143A
Insert after section 143:
143A Vacancies to be advertised
(1) If it is proposed to make an appointment to a vacant position in
the staff of the New South Wales Aboriginal Land Council, the
Chief Executive Officer must advertise the vacancy in the
manner prescribed by the regulations.
(2) The Chief Executive Officer need not advertise a vacant position
if the Registrar approves.
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[53] Part 7, Division 11
Omit the Division.
[54] Section 149 NSW Aboriginal Land Council Account
Omit "Regional Aboriginal Land Councils" from section 149 (3) (a).
Insert instead "advisory committees".
[55] Section 149 (4) (a)
Omit "the councillors and".
[56] Section 149 (4) (b) and (c)
Omit section 149 (4) (b). Insert instead:
(b) the cost of the election of councillors (including the costs
incurred by the Electoral Commissioner for New South
Wales), and
(c) the payment of amounts for travelling and other
allowances to Board members and remuneration and
allowances to councillors.
[57] Section 151 Regional Aboriginal Land Council Accounts
Omit the section.
[58] Section 153 Local Aboriginal Land Councils to keep accounts
Omit "and each Regional Aboriginal Land Council" from section 153 (1).
[59] Section 153 (2A)
Insert after section 153 (2):
(2A) Section 41BA of the Public Finance and Audit Act 1983 applies
to financial statements required to be prepared under this section
in the same way that it applies to financial reports required to be
prepared under that Act.
[60] Section 153 (4)
Omit "10 weeks". Insert instead "6 weeks".
[61] Section 154 Regulations may set requirements to judge satisfactory
financial statements
Omit "criteria by which".
Insert instead "the requirements that must be met by audited financial
statements and other documents".
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[62] Section 154
Omit "or Regional".
[63] Section 155 Local Aboriginal Land Councils may request special auditor
Omit "or Regional" wherever occurring.
[64] Section 158 Budget of Local Aboriginal Land Councils
Omit "and Regional" from section 158 (1).
[65] Section 158 (2)
Omit "or Regional".
[66] Section 158 (3)
Omit the subsection. Insert instead:
(3) The budget prepared and submitted under this section is to
include details of a Council's proposed operations, including
operations to be funded by persons or bodies other than the New
South Wales Aboriginal Land Council, and is to contain any
matters prescribed by the regulations.
[67] Section 159
Omit the section. Insert instead:
159 Quarterly and six monthly reports by New South Wales Aboriginal
Land Council
(1) The New South Wales Aboriginal Land Council must, if directed
to do so by the Minister, prepare and submit to the Minister
within 10 weeks after the end of each quarter of each financial
year a report specifying:
(a) the amounts of funds granted during the quarter by that
Council to Local Aboriginal Land Councils and the
purposes for which the funds were granted, and
(b) whether the Local Aboriginal Land Councils concerned
have complied with the financial obligations imposed by
this Part in relation to those grants.
(2) The New South Wales Aboriginal Land Council must prepare
and submit to the Minister within 10 weeks after the end of each
6-month period ending on 30 June and 31 December in each year
a report specifying:
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(a) the amounts of funds granted during the 6-month period by
that Council to Local Aboriginal Land Councils and the
purposes for which the funds were granted, and
(b) whether the Local Aboriginal Land Councils concerned
have complied with the financial obligations imposed by
this Part in relation to those grants.
(3) The regulations may prescribe the form and content of such
reports.
[68] Section 160 NSW Aboriginal Land Council may give other Councils
directions regarding accounting
Omit "and Regional" from section 160 (1).
[69] Section 160 (1) (b)
Omit "and quarterly reports".
[70] Section 160 (2)
Omit "or Regional".
[71] Sections 161 and 165 (c)
Omit "and Regional" wherever occurring.
[72] Part 8, Division 3, heading
Omit "and Regional".
[73] Section 162 Funding agreements
Omit "or Regional" wherever occurring in section 162 (1) and (2).
[74] Section 163 Cessation of funding
Omit "or Regional" wherever occurring.
[75] Section 165 Functions of Registrar
Omit "Regional Aboriginal Land Council areas and the changing of names of
Regional Aboriginal Land Councils" from section 165 (e).
Insert instead "Regions and the changing of names of Regions".
[76] Section 165 (g)
Omit "administration of Aboriginal Land Councils".
Insert instead "operation of this Act and the regulations".
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[77] Section 165 (h)
Insert ", misbehaviour by councillors, Board members and members of staff
of, and consultants to, Aboriginal Land Councils" after "pecuniary interests".
[78] Section 165 (h1)
Insert after section 165 (h):
(h1) at the request of the Minister, to provide to the Minister
information as to the operations of an Aboriginal Land
Council,
[79] Section 165A
Insert after section 165:
165A Delegation
The Registrar may delegate the exercise of any function of the
Registrar under this Act (other than this power of delegation) to:
(a) any member of staff of the Department of Aboriginal
Affairs, or
(b) any person, or any class of persons, authorised for the
purposes of this section by the regulations.
[80] Section 176 Conduct of councillors, Board members and staff of
Aboriginal Land Councils
Omit section 176 (1). Insert instead:
(1) Every councillor, Board member and member of staff of an
Aboriginal Land Council or an advisory committee, must:
(a) act honestly and exercise a reasonable degree of care and
diligence in carrying out his or her functions under this or
any other Act, and
(b) act for a proper purpose in carrying out his or her functions
under this or any other Act, and
(c) not use his or her office or position for personal advantage,
and
(d) not use his or her office or position to the detriment of an
Aboriginal Land Council.
[81] Section 177 Codes of conduct
Omit "and Regional" from section 177 (1).
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[82] Section 177 (5) (a)
Omit "an officer or Regional or Alternate Representative".
Insert instead "a Board member".
[83] Section 177 (5) (b)
Omit the paragraph.
[84] Section 178 Establishment of Pecuniary Interest and Disciplinary
Tribunal
Omit "Aboriginal Land Councils Pecuniary Interest Tribunal".
Insert instead "Aboriginal Land Councils Pecuniary Interest and Disciplinary
Tribunal".
[85] Part 10, Division 3A
Insert after Division 3:
Division 3A Misbehaviour
181A Interpretation (cf section 440F of Local Government Act 1993)
(1) In this Division:
member of staff means a member of staff of, or a consultant to,
an Aboriginal Land Council.
misbehaviour of a person means any of the following:
(a) a contravention by the person of this Act or the regulations,
(b) a failure by the person to comply with an applicable code
of conduct,
(c) if the person is a councillor or a Board member--an act of
disorder committed by a councillor at a meeting of the
New South Wales Aboriginal Land Council or by a Board
member at a meeting of the Board or of the Local
Aboriginal Land Council,
but does not include a contravention of the disclosure
requirements of Division 4.
(2) A reference in this Division to misbehaviour or an incident of
misbehaviour includes a reference to misbehaviour that consists
of an omission or failure to do something.
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181B Formal censure for misbehaviour (cf section 440G of Local Government
Act 1993)
(1) The New South Wales Aboriginal Land Council may by
resolution at a meeting formally censure a councillor or a
member of staff of the Council for misbehaviour.
(2) A Local Aboriginal Land Council or a Board of a Council may
by resolution at a meeting formally censure a Board member or
member of staff of the Council for misbehaviour.
(3) A formal censure resolution may be passed only if the Council or
Board is satisfied that the person has misbehaved on one or more
occasions.
(4) The Council or Board must specify in the formal censure motion
the grounds on which it is satisfied that the person should be
censured.
181C Process for initiating suspension or other action (cf section 440H of
Local Government Act 1993)
(1) The process for the suspension of, or taking action against, a
person is initiated by:
(a) a request made by the New South Wales Aboriginal Land
Council or Local Aboriginal Land Council or Board by
resolution communicated to the Registrar, in which the
Council or Board states its belief that grounds may exist
that warrant a councillor's or Board member's expulsion
or action being taken against a member of staff of the
Council concerned, or
(b) a request made by the Registrar to the Council or Board for
a report from the Council or Board in relation to a
councillor's or Board member's or member of staff's
alleged misbehaviour, or
(c) a report made by the Ombudsman in which the
Ombudsman states that the Ombudsman is satisfied that
grounds exist that warrant the councillor's or Board
member's suspension or action being taken against a
member of staff, or
(d) a report made by the Independent Commission Against
Corruption in which the Commission recommends that
consideration be given to suspending a councillor or Board
member or taking action against a member of staff under
this Division.
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(2) The Council or Board must make a report to the Registrar
requested under subsection (1) (b) before the date specified in the
Registrar's request or any later date allowed by the Registrar.
(3) This section authorises such requests and reports to be made, and
a reference in this section to a report made by the Independent
Commission Against Corruption or the Ombudsman is a
reference to a report made to the Registrar under the authority of
this subsection or under any other provisions of this or any other
Act.
(4) Nothing in this section affects any function under any other
provision of this or any other Act that authorises the making of a
report or recommendation concerning suspension of a councillor
or Board member or taking action against a member of staff.
181D Grounds on which a person may be suspended or action taken
(cf section 440I of Local Government Act 1993)
(1) The grounds on which a councillor or Board member may be
suspended from office or action taken against a member of staff
under this Division are as follows:
(a) the person's behaviour has:
(i) been disruptive over a period, and
(ii) involved more than one incident of misbehaviour
during that period,
and the pattern of behaviour during that period is of such a
sufficiently serious nature as to warrant the person's
suspension or the action being taken,
(b) the person's behaviour has involved one incident of
misbehaviour that is of such a nature as to warrant the
person's suspension or the action being taken.
(2) The process for the suspension of or taking other action against a
person cannot be initiated by a request made by an Aboriginal
Land Council or a Board unless:
(a) where subsection (1) (a) applies--the person has:
(i) on 2 or more occasions been formally censured for
incidents of misbehaviour that occurred during the
period concerned, or
(ii) in the case of a councillor or Board member--on at
least one occasion been expelled from a meeting of
the Council or Board for an incident of
misbehaviour during the period concerned, or
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(b) where subsection (1) (b) applies--the person has:
(i) been formally censured for the incident of
misbehaviour concerned, or
(ii) in the case of a councillor or Board member--been
expelled from a meeting of the Council or Board for
the incident of misbehaviour concerned.
(3) Subsection (2) does not affect the Registrar's power to initiate the
process for the suspension of a person or to take action against a
member of staff.
(4) Furthermore, subsection (2) does not prevent the Registrar from
initiating the process for the suspension of a person as a result of
a request or report referred to in section 181C.
181E How requests and reports are to be dealt with (cf section 440J of
Local Government Act 1993)
(1) The Registrar may conduct an investigation into any or all of the
matters raised by or connected with a request or report referred to
in section 181C or authorise an investigator referred to in section
216 to conduct such an investigation and to prepare a report into
those matters.
(2) The conduct of an investigation by the Registrar or the
preparation of a report by an investigator is a prerequisite to a
decision by the Registrar to suspend the councillor or Board
member from office or take action against a member of staff, but
is not necessary if the Independent Commission Against
Corruption or the Ombudsman states in a report that the
Commission or Ombudsman is satisfied that grounds exist that
warrant the person's suspension or action being taken.
181F Suspension by Registrar for misbehaviour (cf section 440K of Local
Government Act 1993)
(1) The Registrar may by order in writing suspend a councillor or
Board member from office for a period not exceeding 3 months:
(a) if the Registrar has conducted an investigation or
considered an investigator's report into the matters
concerned and is satisfied that grounds exist that warrant
the person's suspension, or
(b) if the Independent Commission Against Corruption or the
Ombudsman states in a report that the Commission or
Ombudsman is satisfied that grounds exist that warrant the
councillor's or Board member's suspension.
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(2) A copy of the order must be served on the councillor or Board
member.
(3) A councillor or Board member, while suspended from office
under this section:
(a) is not entitled to exercise any functions of the office, and
(b) is not entitled to any fee or other remuneration to which he
or she would otherwise be entitled as the holder of the
office.
181G When suspension order takes effect (cf section 440L of Local
Government Act 1993)
The period of suspension under an order made by the Registrar
commences on the date 7 days after the service of the order on the
councillor or Board member or the date specified in the order for
the commencement of the period of suspension, whichever is the
later.
181H Appeals against suspension (cf section 440M of Local Government Act
1993)
(1) A councillor or Board member against whom an order of
suspension is made by the Registrar may appeal against the order
to the Pecuniary Interest and Disciplinary Tribunal.
(2) Such an appeal may not be made more than 28 days after the date
the order was served on the councillor.
(3) The Tribunal may stay the order of suspension until such time as
the Tribunal determines the appeal.
(4) The Tribunal may:
(a) confirm the order, or
(b) quash the order, or
(c) amend the order consistently with the powers of the
Registrar.
(5) If the order is quashed, any fee or other remuneration withheld is
payable to the councillor or Board member.
(6) If the order is amended, the order as amended has effect as if it
had been made in that form by the Registrar.
(7) The regulations may make provision for or with respect to the
making, hearing and determination of appeals under this section.
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181I Actions by Registrar against members of staff for misbehaviour
(1) The Registrar may take action under this section in relation to a
member of staff:
(a) if the Registrar has conducted an investigation or
considered an investigator's report into the matters
concerned and is satisfied that grounds exist that warrant
the action, or
(b) if the Independent Commission Against Corruption or the
Ombudsman states in a report that the Commission or
Ombudsman is satisfied that grounds exist that warrant the
taking of action.
(2) The Registrar may:
(a) counsel the member of staff, or
(b) reprimand the member of staff, or
(c) recommend that the Council take disciplinary action
against the member of staff (including counselling or
reprimanding the member of staff), or
(d) recommend dismissal of the member of staff.
181J Appeals against action against members of staff
(1) A member of staff against whom a decision is made by the
Registrar to take action may appeal against the decision to the
Pecuniary Interest and Disciplinary Tribunal.
(2) Such an appeal may not be made more than 28 days after the date
notice of the decision was served on the member of staff.
(3) The Tribunal may stay the decision until such time as the
Tribunal determines the appeal.
(4) The Tribunal may:
(a) confirm the decision, or
(b) quash the decision, or
(c) amend the decision consistently with the powers of the
Registrar.
(5) If the decision is amended, the decision as amended has effect as
if it had been made in that form by the Registrar.
(6) The regulations may make provision for or with respect to the
making, hearing and determination of appeals under this section.
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181K Referral of matters to Pecuniary Interest and Disciplinary Tribunal
(cf section 440N of Local Government Act 1993)
(1) The Registrar may refer a matter that is the subject of a request or
report referred to in section 181C for consideration by the
Pecuniary Interest and Disciplinary Tribunal instead of
suspending the councillor or Board member or taking action
against the member of staff concerned under this Division.
(2) However, a matter that is the subject of a request by an
Aboriginal Land Council or Board may not be referred to the
Tribunal unless the councillor or Board member concerned has
previously been suspended or dealt with under this Division for
misbehaviour.
(3) The conduct of an investigation on the preparation and
consideration of an investigator's report is not a prerequisite to a
decision by the Registrar to refer a matter to the Tribunal, but the
Registrar may take into consideration any such investigation or
any investigator's report if one is prepared.
(4) A matter is referred to the Tribunal under this section by means
of a report presented to the Tribunal by the Registrar. A report
may contain or be accompanied by such material and
observations as the Registrar thinks fit.
(5) The regulations may make provision for or with respect to the
reference of matters to the Tribunal under this section.
181L Alternatives to suspension or referral to Pecuniary Interest and
Disciplinary Tribunal (cf section 440O of Local Government Act 1993)
(1) The Registrar may, after conducting an investigation or
considering a request or report made under section 181C and any
relevant investigation or investigator's report prepared under
section 181E, decide to take no further action on the request or
report, whether or not an investigation or a report by an
investigator has been authorised, started or completed, if satisfied
that no further action is warranted.
(2) The Registrar may, at any time, exercise the power to issue a
compliance direction to a councillor or Board member or member
of staff under this Act.
(3) The Registrar may, instead of suspending a councillor or Board
member from office under this Division or taking action in
relation to a member of staff or referring the matter to the
Pecuniary Interest and Disciplinary Tribunal, refer the matter to
the Aboriginal Land Council or Board of a Local Aboriginal
Land Council with recommendations as to how the Council or
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Board might resolve the matter, by alternative dispute resolution
or otherwise.
181M Expenses to be borne by Aboriginal Land Councils (cf section 440P
of Local Government Act 1993)
(1) The Registrar may recover the reasonable expenses incurred by
or in respect of the Registrar considering and dealing with a
request made under section 181C, including the expenses of any
investigation by the Registrar or an investigator and
investigator's report into the matters raised by or connected with
the request.
(2) The Registrar may make a determination of the amount of the
expenses referred to in subsection (1) and serve a notice requiring
the amount so determined to be paid in recovery of the
Registrar's expenses on:
(a) in the case of a councillor or a member of its staff--the
New South Wales Aboriginal Land Council, or
(b) in the case of a Board member or a member of its staff--
the Local Aboriginal Land Council.
(3) An amount equal to the expenses as so determined is payable to
the Registrar as a debt by the Council concerned, except as
determined by the Minister.
(4) The Council may apply to the Administrative Decisions Tribunal
for a review of whether any part of the expenses so determined
are not reasonable expenses.
(5) The Registrar must give effect to any decision of that Tribunal on
a review of the determination of the amount of the expenses.
(6) A reference in this section to expenses incurred includes a
reference to remuneration paid to the investigator.
181N Reasons to be given (cf section 440Q of Local Government Act 1993)
(1) The Registrar is required to prepare a written statement of
reasons for:
(a) imposing or deciding not to impose a period of suspension
or taking or deciding not to take action in relation to a
member of staff, or
(b) referring a matter to the Pecuniary Interest and
Disciplinary Tribunal.
(2) The statement of reasons is to be provided to the councillor,
Board member or member of staff concerned.
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181O Other proceedings or actions not affected
Nothing in this Division affects or limits any proceedings or other
action that may be taken in respect of a councillor, Board member
or member of staff.
[86] Part 10, Division 5, Subdivisions 1 and 2, headings
Omit the headings.
[87] Part 10, Division 6, heading
Insert after section 197:
Division 6 Proceedings before the Pecuniary Interest
and Disciplinary Tribunal
Subdivision 1 Proceedings relating to pecuniary interest
matters
[88] Part 10, Division 6, Subdivision 2
Insert after section 199:
Subdivision 2 Proceedings relating to misbehaviour
199A Pecuniary Interest and Disciplinary Tribunal to decide whether or
not to conduct proceedings into a referred matter relating to
misbehaviour (cf section 470A of Local Government Act 1993)
(1) After considering a report presented to it under section 181K in
relation to a referred matter, the Pecuniary Interest and
Disciplinary Tribunal may decide to conduct proceedings into the
matter.
(2) If the Pecuniary Interest and Disciplinary Tribunal decides not to
conduct proceedings into a referred matter, it must provide a
written statement of its decision, and the reasons for its decision:
(a) to the person to whom the report relates, and
(b) to the Council or Board concerned, and
(c) to the Registrar.
(3) To avoid doubt, a decision by the Pecuniary Interest and
Disciplinary Tribunal not to conduct proceedings is not a
decision to which section 213 or 214 applies.
(4) The Registrar is to be a party to any proceedings conducted by the
Pecuniary Interest and Disciplinary Tribunal into a referred
matter.
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199B Circumstances in which Pecuniary Interest and Disciplinary
Tribunal may dispense with hearing (cf section 470B of Local
Government Act 1993)
(1) After considering a report presented to it under section 181K and
any other document or other material lodged with or provided to
the Tribunal in relation to the report, the Pecuniary Interest and
Disciplinary Tribunal may determine the proceedings without a
hearing if:
(a) the Registrar and the person to whom the report relates
have agreed that the proceedings may be determined
without a hearing, and
(b) there are no material facts in dispute between the Registrar
and person, and
(c) in the opinion of the Tribunal, public interest
considerations do not require a hearing.
(2) To avoid doubt, a decision by the Pecuniary Interest and
Disciplinary Tribunal to determine proceedings in a referred
matter without a hearing is not a decision to which section 213 or
214 applies.
Note. Section 213 requires the Pecuniary Interest and Disciplinary
Tribunal to inform certain parties of decisions in proceedings before it.
Subdivision 3 General provisions
[89] Section 209 Release of information
Insert "in the case of a complaint--" before "direct" in section 209 (1) (b).
[90] Section 209 (1) (c)
Insert at the end of section 209 (1) (b):
, or
(c) in the case of proceedings in relation to a matter referred to
the Tribunal under section 181K--direct that all or any of
the following matters are not to be published:
(i) the name and address of any witness,
(ii) the name and address of the person to whom the
referred matter relates,
(iii) any specified evidence,
(iv) the subject-matter of the referred matter.
[91] Section 209 (3) (b)
Insert ", or the person to whom the referred matter relates" after "made".
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[92] Section 211 Decision of Pecuniary Interest and Disciplinary Tribunal--
interest matters
Omit "holding office in an Aboriginal Land Council" from section 211 (1) (d).
Insert instead "holding office as a councillor or a Board member".
[93] Section 211A
Insert after section 211:
211A Decision of Pecuniary Interest and Disciplinary Tribunal--
misbehaviour matters
(1) This section applies where a matter has been referred to the
Pecuniary Interest and Disciplinary Tribunal under section 181K.
(2) The Tribunal may, if it finds that the behaviour concerned of a
councillor or Board member warrants action under this section:
(a) counsel the councillor or Board member, or
(b) reprimand the councillor or Board member, or
(c) suspend the councillor or Board member from office for a
period not exceeding 6 months, or
(d) if the referral relates to a councillor who is an officer of the
New South Wales Aboriginal Land Council, remove the
councillor from that office, or
(e) disqualify the councillor or Board member from holding
office as a councillor or Board member for a period not
exceeding 5 years.
(3) The Tribunal may, if it finds that the behaviour concerned of a
member of staff of an Aboriginal Land Council warrants action
under this section:
(a) counsel the member of staff, or
(b) reprimand the member of staff, or
(c) recommend that the Council take specified disciplinary
action against the member of staff (including counselling
or reprimanding the member of staff), or
(d) recommend the dismissal of the member of staff, or
(e) disqualify the member of staff from holding office in an
Aboriginal Land Council for a period not exceeding
5 years.
(4) In this section, member of staff has the same meaning as it has in
Division 3A.
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[94] Section 213 Pecuniary Interest and Disciplinary Tribunal to provide
details of its decisions
Insert "(or to the relevant Aboriginal Land Council in the case of a matter that
has been referred to the Tribunal under section 181K)" after "initial
complaint" in section 213 (1).
[95] Section 214 Appeals to Supreme Court
Insert ", other than a decision of the Tribunal determining an appeal to the
Tribunal under section 181H," after "proceeding" where secondly occurring
in section 214 (1).
[96] Section 216 Appointment of investigator into Aboriginal Land Councils
Omit "or Regional" wherever occurring in section 216 (2) and (5).
[97] Section 216 (2)
Insert "or on the recommendation of the Registrar with the approval of that
Council" after "New South Wales Aboriginal Land Council".
[98] Section 220 Minister may extend term of office of investigator
Omit "or Regional" from section 220 (2).
[99] Section 221 Minister may remove an investigator
Omit "or Regional" from section 221 (2).
[100] Section 221A
Insert after section 221:
221A Provision of information to Registrar and New South Wales
Aboriginal Land Council
(1) The Chairperson of an Aboriginal Land Council and any other
person who has possession or control of any records of the
Council must, if required to do so by the Registrar, provide the
Registrar with:
(a) access to such of the records as relate to the operations of
the Council requested by the Registrar, and
(b) information that the Chairperson or other person is able to
give in relation to those records and operations, and
(c) authorities or orders on bankers and others that relate to
those records or operations and that the Chairperson or
other person is able to provide.
Maximum penalty (subsection (1)): 10 penalty units.
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(2) The Chairperson of a Local Aboriginal Land Council and any
other person who has possession or control of any records of the
Council of the Council must, if required to do so by the New
South Wales Aboriginal Land Council, provide the Council with:
(a) access to such of the records as relate to the operations of
the Local Aboriginal Land Council requested by the New
South Wales Aboriginal Land Council, and
(b) information that the Chairperson or other person is able to
give in relation to those records and operations, and
(c) authorities or orders on bankers and others that relate to
those records or operations and that the Chairperson or
other person is able to provide.
Maximum penalty (subsection (2)): 10 penalty units.
(3) If a record:
(a) is not in writing, or
(b) is not written in the English language, or
(c) is not decipherable on sight,
a requirement to provide access to the record is not complied with
unless access is provided to a statement, written in the English
language and decipherable on sight, that contains all the
information in the record.
[101] Section 222 Administrators--Local Aboriginal Land Councils
Omit "or Regional" from section 222 (1).
[102] Section 222 (1) (d)
Omit the paragraph. Insert instead:
(d) if the Minister is of the opinion, on the receipt of a report
by an investigator appointed in accordance with Division
1, or otherwise, that the funds or other property of the
Council have not been properly applied or managed, or
[103] Section 222 (4)
Omit the subsection. Insert instead:
(4) The administrator has, during the period of his or her
appointment, to the exclusion of the Council:
(a) all, or such part as is specified in the administrator's
instrument of appointment, of the functions of the Board of
the Council conferred or imposed by or under this Act, and
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(b) the functions of the Council and the members of the
Council exercised by resolution of the members of the
Council that are prescribed by the regulations (except as
provided by the administrator's instrument of
appointment).
[104] Section 222 (5)
Omit "or Regional".
[105] Section 222 (7)
Insert after section 222 (6):
(7) Without limiting subsection (6), the regulations may:
(a) specify functions that the administrator must not exercise,
except on a resolution of members of the Council, and
(b) specify functions of the Board of the Council that the
administrator must not exercise, except on a resolution of
members of the Council.
[106] Sections 223A and 223B
Insert after section 223:
223A Notice of appointment of administrator
(1) The Minister may, before appointing an administrator of an
Aboriginal Land Council under this Division, give not less than
14 days notice in writing of the appointment to:
(a) in the case of a Local Aboriginal Land Council--each
Board member and the New South Wales Aboriginal Land
Council, and
(b) in the case of the New South Wales Aboriginal Land
Council--each councillor.
(2) The Minister must, before appointing an administrator, take into
account any written representations received from any person or
body to whom notice was given under this section.
223B Interim actions pending appointment of administrator
(1) The Minister may, by notice in writing to an Aboriginal Land
Council, take any of the following actions, pending the
appointment of an administrator of the Council:
(a) prohibit the Council from exercising certain specified
functions or taking specified actions, except with the
approval of the Minister, for a specified period,
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(b) appoint a person to act as an interim administrator of the
Council, with specified functions, for a specified period
(not exceeding 3 months).
(2) A notice under this section ceases to have effect if an
administrator is appointed under this Division or if the Minister
decides not to appoint an administrator under this Division.
(3) The Minister must notify the Aboriginal Land Council in writing
if the Minister decides not to appoint an administrator.
(4) The Minister may revoke or vary a notice given under this
section.
(5) An Aboriginal Land Council must not fail to comply with a
notice given under this section.
[107] Section 225 Certain persons ineligible to be administrators
Omit section 225 (b). Insert instead:
(b) a Board member,
[108] Section 226 Removal of office holders on appointment of administrator
Omit "or Regional Aboriginal Land Council, the officers of the Council" from
section 226 (1).
Insert instead "Aboriginal Land Council, the Board members of the Council".
[109] Section 226
Omit "at the time and in the manner specified by the regulations" wherever
occurring.
Insert instead ", in the manner specified by the regulations, so as to enable
vacancies to be filled at the conclusion of the administrator's term of office".
[110] Section 229 Administrator to report monthly
Omit "or Regional" from section 229 (1) wherever occurring.
[111] Section 231 Minister may extend term of office of administrator
Omit "or Regional" from section 231 (2).
[112] Section 231 (3)
Insert after section 231 (2):
(3) The Minister may, by further instrument of appointment, vary the
functions of the Council that may be exercised by an
administrator during the extension of the administrator's term of
appointment.
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[113] Section 232 Minister may remove administrator
Omit "or Regional" from section 232 (2).
[114] Part 11, Division 3, heading
Omit "dissolution of Aboriginal Land Councils".
Insert instead "assistance to Local Aboriginal Land Councils".
[115] Section 234
Omit the section. Insert instead:
234 Appointment of advisors
(1) The Minister may, on the recommendation of the New South
Wales Aboriginal Land Council or the Registrar, appoint an
advisor to the Board of a Local Aboriginal Land Council, if the
Minister is of the opinion that the Council is in danger of failing.
(2) An advisor is to be appointed from a list of persons jointly
prepared by the Director-General and the New South Wales
Aboriginal Land Council.
(3) Notice of the appointment of an advisor is to be published in the
Gazette.
(4) An advisor is to be appointed for a term specified by the Minister
in the advisor's instrument of appointment.
(5) An advisor has, subject to any limitations specified in the
advisor's instrument of appointment, the following functions:
(a) to advise and assist the Board of the Local Aboriginal Land
Council and the Council in the exercise of their functions,
(b) to report to the New South Wales Aboriginal Land Council
and the Minister, when requested to do so by that Council
or the Minister or at the advisor's discretion, as to the
operations of the Local Aboriginal Land Council.
(6) The appointment of an advisor ceases to have effect if an
administrator is appointed for the Local Aboriginal Land
Council.
[116] Section 238 Application of Part
Omit "administration of an Aboriginal Land Council" from section 238 (1).
Insert instead "operation of this Act or the regulations".
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[117] Section 238 (2) (a)
Insert "or the regulations" after "this Act".
[118] Section 238 (2) (b)
Insert "or the regulations" after "Part 12)".
[119] Section 238, note
Omit the note.
[120] Section 242 Exclusion of personal liability
Omit "Local or Regional Aboriginal Land Council" from section 242 (1) (b).
Insert instead "Local Aboriginal Land Council or Board member or chief
executive officer of a Local Aboriginal Land Council".
[121] Section 242 (1) (b1) and (b2)
Insert after section 242 (1) (b):
(b1) a member of an advisory committee,
(b2) an advisor to a Local Aboriginal Land Council,
[122] Section 242 (1)
Insert "advisor," after "member,".
[123] Section 246 Proof of certain matters not required
Omit "member of a Local or Regional Aboriginal Land Council" from section
246 (c).
Insert instead "Board member".
[124] Section 246 (d)
Omit the paragraph. Insert instead:
(d) the holding of office by a person as an officer of the New
South Wales Aboriginal Land Council or as the
Chairperson or Deputy Chairperson of a Board, or
[125] Section 249A
Insert after section 249:
249A Offences by corporations
(1) If a corporation contravenes, whether by act or omission, any
provision of this Act or the regulations, each person who is a
director of the corporation or who is concerned in the
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management of the corporation is taken to have contravened the
same provision if the person knowingly authorised or permitted
the contravention.
(2) A person may be proceeded against and convicted under a
provision pursuant to subsection (1) whether or not the
corporation has been proceeded against or has been convicted
under the provision.
(3) Nothing in this section affects any liability imposed on a
corporation for an offence committed by the corporation under
this Act or the regulations.
[126] Section 250 Establishment of new Local Aboriginal Land Councils
Omit "Council" from section 250 (1) (c). Insert instead "Board".
[127] Section 250 (1) (d)
Omit the paragraph. Insert instead:
(d) at the first meeting of the Council, the members are to elect
the Board of the Council.
[128] Section 250 (2) (a) (ii)
Omit the subparagraph. Insert instead:
(ii) have a sufficient association with that area or are
Aboriginal owners of land in that area, and
[129] Section 251 Establishment of new Regional Aboriginal Land Councils
Omit the section.
[130] Section 252 Regulations
Omit "and Regional Aboriginal Land Council areas" from section 252 (2) (a).
[131] Section 252 (2) (b)-(e)
Omit the paragraphs.
[132] Section 252 (2) (g)
Omit the paragraph.
[133] Section 252 (3)
Omit "subsection (2) (a) or (b) may apply to the matters referred to in those
paragraphs".
Insert instead "subsection (2) (a) may apply to the matters referred to in that
paragraph".
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[134] Section 252 (3)
Omit "or Regional Aboriginal Land Council areas".
[135] Section 252A
Insert after section 252:
252A Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the
Act remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period
of 5 years from the date of assent to the Aboriginal Land Rights
Amendment Act 2006 and as soon as possible after the end of
every period of 5 years thereafter.
(3) A report on the outcome of a review is to be tabled in each House
of Parliament within 12 months after the end of the period of 5
years.
[136] Schedule 3
Insert after Schedule 2:
Schedule 3 Procedure of Boards and Councils
(Sections 52H, 61 (3) and 120 (7))
Part 1 Procedure of Local Aboriginal Land
Councils
1 Frequency of meetings
(1) Subject to subclause (2), a Local Aboriginal Land Council is to
hold meetings at such time as the Board of the Council
determines.
(2) A Council must:
(a) hold not less than 3 ordinary meetings a year, at intervals
of not more than 4 calendar months, and
(b) hold annual meetings at the times, or within the periods,
prescribed by the regulations.
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2 General procedure
The procedure for the calling of meetings of a Local Aboriginal
Land Council and for the conduct of business at those meetings
is, subject to this Act and the regulations, to be as determined by
the Council.
3 Quorum
The quorum for a meeting of a Local Aboriginal Land Council is
10 per cent of the total number of voting members of the Council.
4 Presiding member
(1) The Chairperson of the Board (or, in the absence of the
Chairperson, the Deputy Chairperson of the Board, or in the
absence of both the Chairperson and the Deputy Chairperson, a
person elected by the members of the Local Aboriginal Land
Council who are present at a meeting of the Council) is to preside
at a meeting of the Council.
(2) The presiding member has a deliberative vote and, in the event of
an equality of votes, has a second or casting vote.
(3) If an administrator is appointed to the Council, the administrator
is to preside at meetings of the Council.
5 Voting
(1) A decision supported by a majority of the votes cast at a meeting
of a Local Aboriginal Land Council at which a quorum is present
is the decision of the Council.
(2) The attendance of each person who is a voting member at a
meeting of the Council is to be recorded on the membership roll.
6 Minutes
(1) The Local Aboriginal Land Council must cause minutes to be
kept of the proceedings of each meeting of the Council.
(2) The minutes are to include a record of the following:
(a) motions put to the meeting,
(b) amendments to such motions,
(c) the names of the movers and seconders of those motions
and amendments,
(d) the resolutions passed by the meeting.
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Part 2 Procedure of Boards of Local Aboriginal
Land Councils
1 Frequency of meetings
(1) A Board must meet at intervals not longer than every 2 calendar
months.
(2) The Chairperson may, at the request of a majority of the members
of the Board, call a meeting of the Board at any time.
2 General procedure
The procedure for the calling of meetings of the Board and for the
conduct of business at those meetings is, subject to this Act and
the regulations, to be as determined by the Board.
3 Quorum
The quorum for a meeting of the Board is a majority of its
members for the time being.
4 Presiding member
(1) The Chairperson (or, in the absence of the Chairperson, the
Deputy Chairperson, or in the absence of both the Chairperson
and the Deputy Chairperson, a person elected by the members of
the Board who are present at a meeting of the Board) is to preside
at a meeting of the Board.
(2) The presiding member has a deliberative vote and, in the event of
an equality of votes, has a second or casting vote.
5 Voting
A decision supported by a majority of the votes cast at a meeting
of the Board at which a quorum is present is the decision of the
Board.
6 Transaction of business by telephone
(1) The Board may, if it thinks fit, transact any of its business at a
meeting at which members (or some members) participate by
telephone, closed-circuit television or other means, but only if
any member who speaks on a matter before the meeting can be
heard by the other members.
(2) For the purposes of a meeting held in accordance with
subclause (1), the presiding member and each Board member
have the same voting rights as they have at an ordinary meeting
of the Board.
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(3) A resolution approved under subclause (1) is, subject to the
regulations, to be recorded in the minutes of the meetings of the
Board.
(4) Papers may be circulated among the Board members for the
purposes of subclause (1) by facsimile or other transmission of
the information in the papers concerned.
7 Authentication of documents
Any document requiring authentication by the Board is
sufficiently authenticated if it is signed by:
(a) the Board member who presided at the meeting that dealt
with the proceedings with respect to which the document
was prepared, or
(b) in the absence of that Board member, any other member
who was present at that meeting.
8 First meeting
The chief executive officer of the Council or, if there is no chief
executive officer, the Registrar may call the first meeting of the
Board in such manner as he or she thinks fit.
9 Minutes
(1) The Board must cause minutes to be kept of the proceedings of
each meeting of the Board.
(2) The minutes are to include a record of the following:
(a) motions put to the meeting,
(b) amendments to such motions,
(c) the names of the movers and seconders of those motions
and amendments,
(d) the resolutions passed by the meeting.
Part 3 Procedure of New South Wales Aboriginal
Land Council
1 Frequency of meetings
(1) The New South Wales Aboriginal Land Council is to hold its first
meeting after each election of all councillors in accordance with
the regulations at a time (being a time as soon as practicable after
the election) and place arranged by the Registrar.
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(2) The New South Wales Aboriginal Land Council must hold
ordinary meetings at least once every 3 calendar months.
(3) The Chairperson must call an extraordinary meeting of the
Council if requested to do so by a majority of the councillors for
the time being.
(4) The Chairperson may call an extraordinary meeting of the
Council at any time.
2 General procedure
The procedure for the calling of meetings of the New South
Wales Aboriginal Land Council and for the conduct of business
at those meetings is, subject to this Act and the regulations, to be
as determined by the Council.
3 Quorum
The quorum for a meeting of the New South Wales Aboriginal
Land Council is a majority of the councillors constituting the
Council for the time being.
4 Presiding member
(1) The Chairperson of the New South Wales Aboriginal Land
Council (or, in the absence of the Chairperson or Deputy
Chairperson, a person elected by the members of the Council who
are present at a meeting of the Council) is to preside at a meeting
of the Council.
(2) The presiding member has a deliberative vote and, in the event of
an equality of votes, has a second or casting vote.
(3) If an administrator is appointed to the Council, the administrator
is to preside at meetings of the Council.
5 Voting
A decision supported by a majority of the votes cast at a meeting
of the New South Wales Aboriginal Land Council at which a
quorum is present is the decision of the Council.
6 Minutes
(1) The New South Wales Aboriginal Land Council must cause
minutes to be kept of the proceedings of each meeting of the
Council.
(2) The minutes are to include a record of the following:
(a) motions put to the meeting,
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(b) amendments to such motions,
(c) the names of the movers and seconders of those motions
and amendments,
(d) the resolutions passed by the meeting.
[137] Schedule 3A
Insert before Schedule 4:
Schedule 3A Transfer of assets, rights and
liabilities
(Section 89 (6))
1 Definitions
In this Schedule:
assets means any legal or equitable estate or interest (whether
present or future and whether vested or contingent) in real or
personal property of any description (including money), and
includes securities, choses in action and documents.
instrument means an instrument (other than this Act) that
creates, modifies or extinguishes rights or liabilities (or would do
so if lodged, filed or registered in accordance with any law), and
includes any judgment, order or process of a court.
liabilities means any liabilities, debts or obligations (whether
present or future and whether vested or contingent).
transfer order means an order made under section 89.
2 Vesting of undertaking in transferee
When any assets, rights or liabilities are transferred by a transfer
order, the following provisions have effect (subject to the order):
(a) those assets of the transferor vest in the transferee by virtue
of this Schedule and without the need for any conveyance,
transfer, assignment or assurance,
(b) those rights and liabilities of the transferor become by
virtue of this Schedule the rights and liabilities of the
transferee,
(c) all proceedings relating to those assets, rights or liabilities
commenced before the transfer by or against the transferor
or a predecessor of the transferor and pending immediately
before the transfer are taken to be proceedings pending by
or against the transferee,
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(d) any act, matter or thing done or omitted to be done in
relation to those assets, rights or liabilities before the
transfer by, to or in respect of the transferor is (to the extent
that that act, matter or thing has any force or effect) taken
to have been done or omitted by, to or in respect of the
transferee,
(e) a reference in any Act, in any instrument made under any
Act or in any document of any kind to the transferor or a
predecessor of the transferor is (to the extent that it relates
to those assets, rights or liabilities but subject to
regulations or other provisions under Schedule 4), to be
read as, or as including, a reference to the transferee.
3 Operation of Schedule
(1) The operation of this Schedule is not to be regarded:
(a) as a breach of contract or confidence or otherwise as a civil
wrong, or
(b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of
assets, rights or liabilities, or
(c) as giving rise to any remedy by a party to an instrument, or
as causing or permitting the termination of any instrument,
because of a change in the beneficial or legal ownership of
any asset, right or liability.
(2) The operation of this Schedule is not to be regarded as an event
of default under any contract or other instrument.
(3) No attornment to the transferee by a lessee from the transferor is
required.
(4) The operation of this Schedule includes the making of a transfer
order.
4 Date of vesting
A transfer order takes effect on the date specified in the order.
5 Consideration for vesting
(1) A transfer order may specify the consideration on which the order
is made and the value or values at which the assets, rights or
liabilities are transferred.
(2) The consideration and value or values cannot exceed the
optimised deprival value of those assets, rights or liabilities.
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(3) In this clause, optimised deprival value means a value
determined by the application of the Guidelines on Accounting
Policy for Valuation of Government Trading Enterprises
prepared by the Steering Committee on National Performance
Monitoring of Government Trading Enterprises, agreed on by the
Commonwealth and States and published in October 1994.
6 Duties
Duty under the Duties Act 1997 is not chargeable in respect of:
(a) the transfer of assets, rights and liabilities to a person by a
transfer order, or
(b) anything certified by the Minister as having been done in
consequence of such a transfer (for example, the transfer or
registration of an interest in land).
7 Transfer of interest in land
(1) A transfer order may transfer an interest in respect of land vested
in the transferor without transferring the whole of the interests of
the transferor in that land.
(2) If the interest transferred is not a separate interest, the order
operates to create the interest transferred in such terms as are
specified in the order.
(3) This clause does not limit any other provision of this Schedule.
8 Determinations of Minister for purposes of orders
For the purposes of any transfer order, a determination by the
Minister as to which entity to which any assets, rights or
liabilities relate is conclusive.
9 Confirmation of vesting
(1) The Minister may, by notice in writing, confirm a transfer of
particular assets, rights and liabilities by operation of this
Schedule.
(2) Such a notice is conclusive evidence of that transfer.
[138] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 1A (1):
Aboriginal Land Rights Amendment Act 2006
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[139] Schedule 4, Part 7
Insert after Part 6:
Part 7 Aboriginal Land Rights Amendment Act
2006
40 Definition
In this Part:
amending Act means the Aboriginal Land Rights Amendment Act
2006.
41 Existing officers of Local Aboriginal Land Councils
(1) A person who was an officer of a Local Aboriginal Land Council
immediately before the commencement of Division 3 of Part 5 of
the Act, as inserted by the amending Act, ceases to hold office on
that commencement.
(2) An officer of a Local Aboriginal Land Council is not entitled to
any remuneration or compensation because of the loss of office.
(3) Nothing in this clause prevents a former officer of a Local
Aboriginal Land Council from seeking election as a Board
member.
42 First elections of Boards of Local Aboriginal Land Councils
(1) For the purpose of enabling Boards of Local Aboriginal Land
Councils to be constituted on or after the commencement of
Division 3 of Part 5 of the Act, as inserted by the amending Act,
regulations may be made, elections for Board members may be
held and any other act, matter or thing may be done before that
commencement as if the whole of the amending Act, and any
regulations relating to the elections, commenced on the date of
assent to that Act.
(2) If elections for Board members are not held in accordance with
this Act, as amended by the amending Act, before the term of
office of the current officers of the Local Aboriginal Land
Council, or of an administrator of the Council, expires, the term
of office of the officers or administrator, as the case may be, is
extended until the Board members are elected.
(3) Nothing in this clause prevents the appointment of an
administrator from being revoked in accordance with this Act or
an administrator from being appointed for a Council.
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43 First meetings
(1) For the purpose of enabling councillors to be elected on or after
the commencement of Part 6 of the Act, as inserted by the
amending Act, regulations may be made, elections for
councillors may be held and any other act, matter or thing may be
done before that commencement as if the whole of the amending
Act, and any regulations relating to the elections, commenced on
the date of assent to that Act.
(2) If elections for councillors are not held in accordance with this
Act, as amended by the amending Act, before the term of office
of the administrator of the New South Wales Aboriginal Land
Council expires, the term of office of the administrator is
extended until the councillors are elected.
(3) Nothing in this clause prevents the appointment of the
administrator from being revoked in accordance with this Act.
44 Regional Aboriginal Land Councils
(1) A Regional Aboriginal Land Council constituted under this Act
immediately before the commencement of Part 6, as inserted by
the amending Act, ceases to exist on that commencement and the
officers of the Council cease to hold office.
(2) An officer of the Council is not entitled to any remuneration or
compensation because of the loss of the office.
45 Existing social housing
(1) This clause applies to residential accommodation provided by
Local Aboriginal Land Councils to Aboriginal persons that was
provided immediately before the commencement of this clause
(an existing social housing scheme).
(2) A Local Aboriginal Land Council must not operate an existing
social housing scheme, after 18 months after the commencement
of this clause, except in accordance with an approval of the New
South Wales Aboriginal Land Council.
(3) The New South Wales Aboriginal Land Council must not
approve an existing social housing scheme unless it is satisfied
that:
(a) the scheme complies with this Act and the regulations, and
(b) the scheme is consistent with any applicable policy of the
New South Wales Aboriginal Land Council, and
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(c) the scheme is consistent with the community, land and
business plan (if any) of the Local Aboriginal Land
Council, and
(d) the scheme is fair and equitable and will be administered
in a responsible and transparent way, and
(e) the income (including any subsidies and grants) from the
existing social housing scheme is or will be sufficient to
meet all the expenses of the scheme, including long term
maintenance requirements, and
(f) it has considered the impact of the scheme on the overall
financial position of the Local Aboriginal Land Council.
(4) The New South Wales Aboriginal Land Council may impose
conditions on an approval under this clause.
(5) Without limiting subclause (4), the New South Wales Aboriginal
Land Council may make it a condition of an approval under this
clause that the Local Aboriginal Land Council operate the
existing social housing scheme by using the services of another
body or agency, or with the assistance of another body or agency,
approved by the New South Wales Aboriginal Land Council.
(6) A Local Aboriginal Land Council that fails to obtain the approval
of the New South Wales Aboriginal Land Council to operate an
existing social housing scheme under this clause may, with the
approval of that Council, enter into an agreement or other
arrangement with another body or agency for that body or agency
to operate the existing social housing scheme.
46 Other existing community benefits
(1) This section applies to a community benefits scheme (other than
an existing social housing scheme) under which community
benefits were provided by Local Aboriginal Land Councils to
Aboriginal persons immediately before the commencement of
this clause (an existing community benefits scheme).
(2) A Local Aboriginal Land Council may continue to operate an
existing community benefits scheme despite any other provision
of this Act.
(3) The New South Wales Aboriginal Land Council may review an
existing community benefits scheme, to determine whether or
not:
(a) it is fair and equitable and is administered in a responsible
and transparent way, or
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(b) it is likely to prevent the Local Aboriginal Land Council
from being able to meet its debts as and when they fall due.
(4) On a review, the New South Wales Aboriginal Land Council may
impose conditions on the provision of an existing community
benefits scheme by a Local Aboriginal Land Council.
(5) Any such condition is to be consistent with any applicable policy
of the New South Wales Aboriginal Land Council.
(6) A Local Aboriginal Land Council must comply with any
conditions imposed on it after a review under this clause.
47 Preparation of community, land and business plans
(1) Despite any other provision of this Act, a Local Aboriginal Land
Council is to prepare and adopt a community, land and business
plan, in accordance with this Act, not later than 18 months after
the commencement of Division 6 of Part 5.
(2) The New South Wales Aboriginal Land Council may extend the
period within which a Local Aboriginal Land Council is to
prepare and adopt a plan, and may waive the requirement wholly
or partially in an appropriate case.
(3) Despite any other provision of this Act, the New South Wales
Aboriginal Land Council is to prepare and adopt a community,
land and business plan, in accordance with this Act, not later than
18 months after the commencement of Division 5 of Part 7.
(4) The Minister may extend the period within which the New South
Wales Aboriginal Land Council is to prepare and adopt a plan.
48 References to Aboriginal Land Councils Pecuniary Interest
Tribunal
A reference in any Act, instrument or other document to the
Aboriginal Land Councils Pecuniary Interest Tribunal is taken to
be a reference to the Aboriginal Land Councils Pecuniary Interest
and Disciplinary Tribunal.
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[140] Schedule 5
Insert after Schedule 4:
Schedule 5 Regions
(Section 93 (1))
Central Region
The Central Region consists of the following Local Aboriginal
Land Council areas:
Dubbo, Gilgandra, Mudgee, Narromine, Nyngan, Quambone,
Trangie, Warren Macquarie, Weilwan, Wellington.
Central Coast Region
The Central Coast Region consists of the following Local
Aboriginal Land Council areas:
Birpai, Bowraville, Bunyah, Coffs Harbour, Forster, Karuah,
Kempsey, Nambucca, Purfleet/Taree, Stuart Island Tribal Elders
Descendants, Thunggutti, Unkya.
Northern Region
The Northern Region consists of the following Local Aboriginal
Land Council areas:
Amaroo, Anaiwan, Armidale, Ashford, Coonabarabran, Dorrigo
Plateau, Glen Innes, Guyra, Moombahlene, Nungaroo, Red
Chief, Tamworth, Walhallow, Wanaruah.
North Coast Region
The North Coast Region consists of the following Local
Aboriginal Land Council areas:
Baryugil, Birrigan Gargle, Bogal, Casino, Grafton-Ngerrie,
Gugin Gudduba, Jali, Jana Ngalee, Jubullum, Muli Muli,
Ngulingah, Tweed Byron, Yaegl.
North Western Region
The North Western Region consists of the following Local
Aboriginal Land Council areas:
Baradine, Brewarrina, Collarenabri, Coonamble, Goodooga,
Lightning Ridge, Moree, Mungindi, Murrawari, Narrabri, Nulla
Nulla, Pilliga, Toomelah, Walgett, Wee Waa, Weilmoringle.
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South Coast Region
The South Coast Region consists of the following Local
Aboriginal Land Council areas:
Batemans Bay, Bega, Bodalla, Cobowra, Eden, Illawarra,
Jerrinja, Merrimans, Mogo, Ngunnawal, Nowra, Ulladulla,
Wagonga.
Sydney and Newcastle Region
The Sydney and Newcastle Region consists of the following
Local Aboriginal Land Council areas:
Awabakal, Bahtaba, Darkingjung, Deerubbin, Gandangara,
Koompahtoo, La Perouse, Metropolitan, Mindaribba, Tharawal,
Worimi.
Western Region
The Western Region consists of the following Local Aboriginal
Land Council areas:
Balranald, Broken Hill, Cobar, Dareton, Ivanhoe, Menindee,
Mutawintji, Tibooburra, Wanaaring, Wilcannia, Winbar.
Wiradjuri Region
The Wiradjuri Region consists of the following Local Aboriginal
Land Council areas:
Albury and District, Bathurst, Brungle/Tumut, Condobolin,
Cowra, Cummergunja, Deniliquin, Griffith, Hay, Leeton and
District, Moama, Murrin Bridge, Narrandera, Onerwal, Orange,
Peak Hill, Pejar, Wagga Wagga, Wamba Wamba, West
Wyalong, Young.
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Aboriginal Land Rights Amendment Bill 2006
Amendment of other Acts Schedule 2
Schedule 2 Amendment of other Acts
(Section 4)
2.1 Crimes Act 1900 No 40
Section 249A Definitions
Insert at the end of paragraph (e) of the definition of agent:
, and
(f) a councillor within the meaning of the Aboriginal Land
Rights Act 1983 (and in this case a reference in this Part to
the agent's principal is a reference to the New South Wales
Aboriginal Land Council), and
(g) a Board member of a Local Aboriginal Land Council
within the meaning of the Aboriginal Land Rights Act
1983 (and in this case a reference in this Part to the agent's
principal is a reference to the Local Aboriginal Land
Council).
2.2 Defamation Act 2005 No 77
[1] Schedule 1 Additional publications to which absolute privilege applies
Omit "Aboriginal Land Councils Pecuniary Interest Tribunal" wherever
occurring in clause 31.
Insert instead "Aboriginal Land Councils Pecuniary Interest and Disciplinary
Tribunal".
[2] Schedule 2 Additional kinds of public documents
Omit "Aboriginal Land Councils Pecuniary Interest Tribunal" from clause 6.
Insert instead "Aboriginal Land Councils Pecuniary Interest and Disciplinary
Tribunal".
[3] Schedule 3 Additional proceedings of public concern
Omit "Aboriginal Land Councils Pecuniary Interest Tribunal" from clause 16.
Insert instead "Aboriginal Land Councils Pecuniary Interest and Disciplinary
Tribunal".
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2.3 Independent Commission Against Corruption Act 1988
No 35
Section 74D
Insert after section 74C:
74D Reports relating to Aboriginal Land Councils
(1) The Commission is authorised to include in a report under section
74 a recommendation that consideration be given to:
(a) the suspension of a councillor or Board member from
office under Division 3A of Part 10 of the Aboriginal Land
Rights Act 1983, or
(b) the taking of action against a member of staff of an
Aboriginal Land Council under that Division.
(2) The Commission is not to make a recommendation under this
section unless the Commission is of the opinion that prompt
action is required in the public interest.
(3) This section does not limit any other recommendation that the
Commission is authorised to include in a report under section 74
in relation to a councillor, Board member or member of staff.
(4) This section extends to a report in relation to a matter that has
been the subject of an investigation conducted before the
commencement of this section.
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