Victorian Numbered Acts Victorian Numbered Acts(1) For section 15(2) of the Aboriginal Lands Act 1970 substitute —
"(2) The members of a Trust must elect a person to fill any casual vacancy in the committee of management at the next general meeting after the casual vacancy arises.
(2A) If a vacancy arises in a committee of management that results in the committee having less than 4 members, a general meeting must be held within 28 days after the vacancy arises to elect persons to fill any vacancies in that committee.".
(2) In section 15(3) of the Aboriginal Lands Act 1970 —
(a) for "Any" substitute "Subject to section 15A, any";
(b) for "his or her" substitute "the person's";
(c) for "he or she" substitute "that the person".
(3) In section 15(5) of the Aboriginal Lands Act 1970 —
(a) for "he or she" (where first occurring) substitute "the person";
(b) omit ", but a member of a committee of management shall not vote or take part in any discussion on any matter affecting any contract in which he or she may be interested (other than a contract of service)".
(4) After section 15(5) of the Aboriginal Lands Act 1970 insert —
"(5A) A member of a committee of management who has a material personal interest (whether pecuniary or otherwise) in a matter that is for deliberation at a general meeting or a meeting of the committee must declare that interest to the committee, unless—
(a) the interest arises because the member is also a member of the Trust, and the interest is held in common with other members of the Trust; or
(b) the member has previously declared that interest to the committee, and the nature or extent of the interest has not materially increased since that declaration.
(5B) A declaration under subsection (5A) must—
(a) be made as soon as practicable after the member becomes aware of the interest, and no later than the next general meeting or the next meeting of the committee of management (whichever occurs first); and
(b) include details of—
(i) the nature and extent of the interest; and
(ii) the relation of the interest to the affairs of the Trust; and
(c) be recorded—
(i) in the minutes of the meeting at which the person makes the declaration; and
(ii) if the matter to which the declaration relates is deliberated at a subsequent meeting, in the minutes of that subsequent meeting.
(5C) A member of a committee of management must not vote or take part in any deliberations at a general meeting or a meeting of the committee on any matter in which the member has a material personal interest (whether pecuniary or otherwise), unless—
(a) the member has declared the interest to the committee of management; and
(b) all other members of the committee of management agree that the member may vote or take part in deliberations on the matter.".
(5) In section 15(6)(a) of the Aboriginal Lands Act 1970 , after "acting;" insert "or".
(6) In section 15(6)(b) of the Aboriginal Lands Act 1970 , after "bankrupt;" insert "or".
(7) After section 15(6)(c) of the Aboriginal Lands Act 1970 insert —
"(ca) is disqualified in accordance with subsection (6A); or
(cb) is disqualified from managing a corporation under Part 2D.6 of the Corporations Act; or".
(8) After section 15(6) of the Aboriginal Lands Act 1970 insert —
"(6A) A person is disqualified from being a member of a committee of management if the person is convicted or found guilty of an offence that involves dishonesty and is punishable by imprisonment for at least 3 months during a period of 5 years from the later of—
(a) that conviction or finding of guilt; or
(b) the end of a term of imprisonment served by the person for that offence.".
(9) In section 15(9)(a) of the Aboriginal Lands Act 1970 —
(a) for "Chairman" substitute "Chairperson";
(b) for "he" substitute "the Chairperson".
(10) In section 15(11) of the Aboriginal Lands Act 1970 for "Three" substitute "Four".
(11) In section 15(13) of the Aboriginal Lands Act 1970 —
(a) for "he or she" substitute "the Chairperson";
(b) for "his or her" substitute "the Chairperson's".