Aboriginal Land Rights Amendment Bill 2006

First print

New South Wales

Aboriginal Land Rights Amendment Bill 2006

Explanatory noteThis explanatory note relates to this Bill as introduced into Parliament.

Overview of BillThe object of this Bill is to amend the Aboriginal Land Rights Act 1983 (thePrincipal Act) as a result of a review of the Act as follows: (a) to enable the provision of, and provide a framework for the provision of,

benefits to Aboriginal persons by Aboriginal Land Councils and to makeprovision relating to existing social housing schemes,

(b) to provide a planning framework for the management and investment of landand other assets of Aboriginal Land Councils through the preparation andimplementation of community, land and business plans and other measures,

(c) to change the management structures of Local Aboriginal Land Councils byproviding for each Council to have a Board elected by members and byconferring day-to-day management functions on the chief executive officer ofa Local Aboriginal Land Council,

(d) to qualify persons listed on the Register of Aboriginal Owners in relation toland within the area of a Local Aboriginal Land Council to be members of theCouncil and to require a person to demonstrate a sufficient association with thearea of a Council to qualify for membership of a Council,

b06-080-07.p01

P:\bi\06\b06-080-07\p01\b06-080-07-p01EXN.fm 24/10/06, 08:14 pm


Explanatory note

(e) to clarify the mechanisms for the amalgamation, re-definition and dissolutionof Local Aboriginal Land Councils,

(f) to abolish Regional Aboriginal Land Councils and to establish RegionalElectoral Forums to elect councillors to the New South Wales Aboriginal LandCouncil rather than election of councillors by direct election, to makecouncillors part-time officers, to reduce the number of elected councillorsfrom 13 to 6 and to provide for up to 2 additional appointed councillors,

(g) to require the New South Wales Aboriginal Land Council to prepare andimplement policies on community benefits, community, land and businessplans and other matters,

(h) to require the provision of training for officers and staff of Aboriginal LandCouncils,

(i) to extend the jurisdiction of the Aboriginal Land Councils Pecuniary InterestTribunal (renamed as the Aboriginal Land Councils Pecuniary Interest andDisciplinary Tribunal (the Tribunal)) so that it may deal with misbehaviour bycouncillors of the New South Wales Aboriginal Land Council (councillors),Board members of Local Aboriginal Land Councils (Board members) andmembers of staff of Aboriginal Land Councils and to confer on the Registrarunder the Act power to deal with misbehaviour,

(j) to make changes to the appointment of administrators for Aboriginal LandCouncils, including removal of the limit on the period of appointment, noticeof appointment and interim appointment of administrators,

(k) to enable advisors to be appointed to assist Local Aboriginal Land Councils, (l) to insert an offence relating to unauthorised land dealings and to enable

directors of corporations and persons concerned in the management ofcorporations to be proceeded against for offences committed by corporationsunder the Principal Act,

(m) to make other minor and consequential amendments and amendments of asavings and transitional nature.

The Bill also amends the Crimes Act 1900 to extend certain corruption offences toofficers of Aboriginal Land Councils and makes consequential amendments to theDefamation Act 2005 and the Independent Commission Against Corruption Act1988.

Outline of provisionsClause 1 sets out the name (also called the short title) of the proposed Act.Clause 2 provides for the commencement of the proposed Act on a day or days to beappointed by proclamation.Clause 3 is a formal provision that gives effect to the amendments to the PrincipalAct set out in Schedule 1.

P:\bi\06\b06-080-07\p01\b06-080-07-p01EXN.fm 24/10/06, 08:14 pm

Explanatory note page 2


Explanatory note

Clause 4 is a formal provision that gives effect to the amendments to the Actsspecified in Schedule 2.Clause 5 provides for the repeal of the proposed Act after all the amendments madeby the proposed Act have commenced. Once the amendments have commenced theproposed Act will be spent and section 30 of the Interpretation Act 1987 providesthat the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendment of Aboriginal Land Rights Act 1983

Local Aboriginal Land CouncilsSchedule 1 [6] amends section 4 of the Principal Act to insert definitions of Board,Board member, community benefit, community benefits scheme, community, landand business plan, Region and Regional Electoral Forum.Schedule 1 [7] amends section 4 of the Principal Act to update the definition ofofficer.Schedule 1 [18] inserts proposed Division 1A of Part 5 (proposed sections 52–52H)of the Principal Act. Proposed section 52 sets out the functions of Local Aboriginal Land Councils,re-enacting the functions currently set out in section 52 and inserting additionalfunctions relating to financial stewardship and Aboriginal culture and heritage. Thestewardship functions include preparing and implementing community, land andbusiness plans, managing investment of assets and facilitating business enterprises. Proposed section 52A enables a Local Aboriginal Land Council to providecommunity benefits schemes either directly or indirectly, with the approval of theNew South Wales Aboriginal Land Council. An approval may not be given unlessthe scheme complies with the Principal Act and regulations, is consistent with anyapplicable policy of the Council and the community, land and business plan of theLocal Aboriginal Land Council, is fair and equitable and will be administered in aresponsible and transparent way, is not likely to prevent the Council from being ableto pay its debts and the need for the benefit is not otherwise being adequately met. ALocal Aboriginal Land Council must ensure that a scheme complies with thePrincipal Act and regulations and is consistent with any applicable policy of the NewSouth Wales Aboriginal Land Council and the community, land and business plan ofthe Local Aboriginal Land Council.Proposed section 52B requires the New South Wales Aboriginal Land Council not toapprove a scheme to provide social housing unless it is satisfied that the income fromany existing social housing schemes of the Local Aboriginal Land Council is or willbe sufficient to meet all the expenses of the scheme, including long term maintenancerequirements and it has considered the scheme’s impact on the overall financialposition of that Council.


P:\bi\06\b06-080-07\p01\b06-080-07-p01EXN.fm 24/10/06, 08:14 pm


Explanatory note

Proposed section 52C enables a Local Aboriginal Land Council, with the approval ofthe New South Wales Aboriginal Land Council, to form or participate in theformation of a trust for the purpose of providing a community benefits scheme.Proposed section 52D re-enacts a prohibition on transferring the income or propertyof a Local Aboriginal Land Council to members or staff members of, and consultantsto, the Council. Proposed sections 52E and 52F re-enact provisions relating to delegation offunctions and rules of Local Aboriginal Land Councils. Proposed section 52G sets out the functions of Local Aboriginal Land Councils thatmust be exercised by a resolution of voting members, including approval of membersand community, land and business plans, receipt of budgets and land dealings andelection of Board members. Proposed section 52H is a formal provision that gives effect to provisions relating tomeetings.Schedule 1 [19] amends section 54 of the Principal Act to confer on the chiefexecutive officer of a Local Aboriginal Land Council the function of preparing andmaintaining the membership roll of the Council.Schedule 1 [20] amends section 54 of the Principal Act to change the qualificationsfor membership of a Local Aboriginal Land Council to include having a sufficientassociation with the area of the Council and being a registered Aboriginal owner inrelation to land within that area. The membership roll is to set out a member’sgrounds for membership. Schedule 1 [21] and [130] make consequentialamendments. Schedule 1 [22], [28], [29] and [32] amend sections 55 and 56 of the Principal Actto confer on the Registrar the function of notifying nominations of voting membersand other related functions.Schedule 1 [23] amends section 55 of the Principal Act to make the Local AboriginalLand Council of the area within which a person resides the Council for which theperson is a voting member if the person is a member of more than one Council andfails to nominate the Council for which the person is to be a voting member.Currently, the Chief Executive Officer of the New South Wales Aboriginal LandCouncil determines which is to be the Council for which a person has voting rightsin the event of a failure to nominate. Schedule 1 [30] and [31] make consequentialamendments. Schedule 1 [26] amends section 55 of the Principal Act to disentitle a voting memberof a Local Aboriginal Land Council from voting in Board elections if the member hasbeen absent for at least 2 meetings of the Council in the preceding 12 month periodor is suspended from Council or Board membership. Schedule 1 [27] makes aconsequential amendment. Schedule 1 [33] amends section 56 of the Principal Act to confer on the chiefexecutive officer of a Local Aboriginal Land Council the functions of receivingvoting nominations and recording voting rights.

P:\bi\06\b06-080-07\p01\b06-080-07-p01EXN.fm 24/10/06, 08:14 pm



Explanatory note

Schedule 1 [36] amends section 57 of the Principal Act to confer on the chiefexecutive officer of a Local Aboriginal Land Council the function of notifying theNew South Wales Aboriginal Land Council of the suspension or revocation ofsuspension of a member. Schedule 1 [37] amends section 58 of the Principal Act to confer on the chiefexecutive officer of a Local Aboriginal Land Council the function of removingnames from the membership roll of the Council. Schedule 1 [38] amends section 58 of the Principal Act to require a person to beremoved from the membership roll of a Local Aboriginal Land Council if the chiefexecutive officer is satisfied, after making reasonable inquiries, that the person’sresidential address is unknown. Schedule 1 [39] substitutes section 59 of the Principal Act. The proposed sectionrequires the chief executive officer of a Local Aboriginal Land Council to providethe Registrar with an updated and certified copy of the membership roll and to ensurethat the membership roll is kept up to date. The proposed section also makes theRegistrar responsible for compiling and maintaining a consolidated roll of allmembers of Local Aboriginal Land Councils.Schedule 1 [40] inserts new Division 3 of Part 5 (proposed sections 61–72) and omitsprovisions relating to Regional Representatives and Alternate Representatives. Proposed section 61 requires each Local Aboriginal Land Council to have a Board,with numbers of members to be determined in accordance with the regulations. Proposed section 62 confers functions on Boards, including directing and controllingthe affairs of the Council, in accordance with the Principal Act and the regulationsand consistently with the community, land and business plan of the Council.Proposed section 63 provides for the election of Board members at every secondannual meeting of the Council.Proposed section 64 provides for the election of a Chairperson and DeputyChairperson of a Board.Proposed section 65 requires the New South Wales Aboriginal Land Council toarrange training for Board members not later than 6 months after their election andfor the suspension of members who refuse or fail to undergo training that is provided.Proposed section 66 sets out grounds for disqualification for Board members fromoffice.Proposed section 67 sets out the circumstances when the office of a Board memberis vacated.Proposed section 68 provides for the regulations to provide for appointments to fillcasual Board vacancies.Proposed sections 69–71 re-enact existing sections 95–97 of the Principal Act andapply them to Board members.Proposed section 72 enables Boards to delegate functions.Schedule 1 [41] inserts proposed sections 78A–78C into the Principal Act.


P:\bi\06\b06-080-07\p01\b06-080-07-p01EXN.fm 24/10/06, 08:14 pm


Explanatory note

Proposed section 78A provides for the appointment of a chief executive officer foreach Local Aboriginal Land Council who will have, among other functions, theday-to-day management of the Council’s affairs.Proposed section 78B sets out the persons who are not eligible to be employed orcontinue in employment as a chief executive officer of a Local Aboriginal LandCouncil. The persons include persons convicted of offences relating to themanagement of a corporation, offences punishable by imprisonment for 12 monthsor more, persons disqualified from holding office in or managing a corporation,persons who are employed by or connected with corporations that receive benefitsfrom the Council and persons who have been dismissed on the recommendation ofthe Tribunal. Proposed section 78C requires a vacancy in the position of chief executive officer tobe filled immediately and sets out the circumstances when a vacancy occurs. Schedule 1 [42] inserts proposed section 79A into the Principal Act. The proposedsection requires vacancies for staff positions in Local Aboriginal Land Councils tobe advertised. Schedule 1 [43] inserts new Division 6 of Part 5 (proposed sections 82–86) of thePrincipal Act, setting out the requirements for community, land and business plansof Local Aboriginal Land Councils.Proposed section 82 requires a Council to prepare and implement a community, landand business plan (a CLB Plan) and sets out the consultation requirements. The NewSouth Wales Aboriginal Land Council may exempt Councils wholly or partly fromthe requirement to prepare a CLB Plan. Proposed section 83 sets out the matters that must be included in a CLB Plan,including the Council’s objectives and strategy relating to land, community benefitsschemes, business enterprises and investment, Aboriginal culture and heritage andother matters. In addition, a CLB Plan is to contain details of land (and interests inland) of the Council. Proposed section 84 requires 14 days notice to be given of a meeting of the Councilto approve a CLB Plan and provides that a Plan has effect after such approval andapproval by the New South Wales Aboriginal Land Council. Proposed section 85 prohibits the New South Wales Aboriginal Land Council fromapproving a CLB Plan unless the plan complies with the Principal Act and theregulations under that Act and is consistent with any applicable policy. The NewSouth Wales Aboriginal Land Council may also receive and consider and refer backto a Local Aboriginal Land Council a CLB Plan that the Council concerned has notbeen able to agree to approve. Proposed section 86 provides that a failure by a Local Aboriginal Land Council toapprove any Plan after a Plan is referred back to it, or a substantial failure to complywith its CLB Plan, is a substantial breach of the requirements of the Act, which is anevent that may trigger the appointment of an administrator to the Council.

P:\bi\06\b06-080-07\p01\b06-080-07-p01EXN.fm 24/10/06, 08:14 pm



Explanatory note

Schedule 1 [43] also inserts new Division 7 of Part 5 (proposed sections 87–92) ofthe Principal Act, setting out the circumstances when changes may be made to thearea, names and constitution of Local Aboriginal Land Councils.Proposed section 87 sets out the changes that the Minister may make, by orderpublished in the Gazette, if empowered to do so by other provisions of the PrincipalAct or regulations under that Act, including changes to names and areas andamalgamation and dissolution of areas and Councils. Proposed section 88 provides for Councils to cease to exist if they are dissolved byorder of the Minister and for Board members to cease to hold office in that event.Proposed section 89 confers on the Minister power to make an order transferring theassets, rights and liabilities of a Council affected by an order under proposed section87. Schedule 1 [139] inserts proposed Schedule 3A into the Principal Act, whichcontains provisions consequential on any such transfer. Proposed section 90 enables the Minister to make orders effecting changes onapplications by Councils and other persons and provides for regulations to be madefor or with respect to applications for changes. Proposed section 91 sets out the circumstances when the Minister may make an orderunder proposed section 87, including that a Council has less than 50 voting members,has a membership in significant decline, cannot pay its debts, has had qualified auditsor failed to provide complete financial statements or has had an administrator for 3of the last 5 years. The Minister may also make an order on a report that the Councilhas ceased to function.The Minister may not make certain orders without the consentof affected Councils. Proposed section 92 requires the Minister to give 21 days notice of action underproposed section 91 and to consider submissions received within that period.Schedule 1 [109], [122], [125], [126], [128] and [129] make amendmentsconsequential on the establishment of Boards.Schedule 1 [116], [133] and [135] make amendments consequential on theenactment of proposed Division 7 of Part 5.

Regional Electoral ForumsSchedule 1 [4], [5], [9], [10], [12], [24], [25], [34], [35], [50], [53], [60], [64]–[67],[70], [72]–[77], [83]–[85], [98], [100], [101], [103], [106], [110], [112], [113], [115],[122], [132], [134] and [136] amend various sections of the Principal Act to removereferences to Regional Aboriginal Land Councils, Regional Aboriginal LandCouncil areas and Alternate Representatives.Schedule 1 [44] substitutes Part 6 (proposed sections 93 and 94) of the Principal Actto omit provisions relating to Regional Aboriginal Land Councils and to insertinstead provisions establishing Regions and Regional Electoral Forums.Proposed section 93 provides that the Region for a Local Aboriginal Land Council isthe Region specified for the Council in Schedule 5. The Governor may, by orderpublished in the Gazette and on the recommendation of the Minister, amend orsubstitute Schedule 5.


P:\bi\06\b06-080-07\p01\b06-080-07-p01EXN.fm 24/10/06, 08:14 pm


Explanatory note

Proposed section 94 establishes a Regional Electoral Forum for each Region,consisting of the Chairpersons of the Boards of each Local Aboriginal Land Councilwithin the Region. The members of the Forum are to elect one of the members as thecouncillor for that Region to the New South Wales Aboriginal Land Council. Schedule 1 [59] and [131] omit redundant provisions relating to RegionalAboriginal Land Councils.Schedule 1 [142] inserts proposed Schedule 5 into the Principal Act, which sets outthe Regions and Councils included in Regions.

New South Wales Aboriginal Land CouncilSchedule 1 [16] amends section 40D of the Principal Act as a consequence of thechanges to officers of the New South Wales Aboriginal Land Council.Schedule 1 [46] inserts new Division 2 of Part 7 (proposed sections 106–119) of thePrincipal Act, relating to the functions of the New South Wales Aboriginal LandCouncil. Proposed section 106 sets out the functions of the Council, re-enacting the functionscurrently set out in section 106 and inserting additional functions relating tooversight of Local Aboriginal Land Councils, policy and advice, Regional ElectoralForums, Aboriginal culture and heritage and financial stewardship. The oversightfunctions include approving CLB Plans of Local Aboriginal Land Councils andassisting those Councils with Plans. The financial stewardship functions includepreparing and implementing CLB Plans, managing investment of assets andfacilitating business enterprises. Proposed section 107 confers on the Council the function of providing or arrangingtraining for councillors, Board members, members of Regional Electoral Forums andmembers of staff of Aboriginal Land Councils.Proposed section 108 enables the Council to provide community benefits schemeseither directly or indirectly. The Council is also to supervise community benefitsschemes provided by other Aboriginal Land Councils. The Council must ensure thatany of its community benefits schemes comply with the Principal Act andregulations, are consistent with any applicable policy of the Council and the CLBPlan of the Council, are fair and equitable and administered in a responsible andtransparent way and will not prevent the Council from being able to meet its debts asand when they fall due. Proposed section 109 enables the Council to provide social housing schemes byusing the services, or with the assistance, of another body or agency. Proposed section 110 requires the Council to use its best endeavours to increase themembership of Local Aboriginal Land Councils by not less than 3% per annum inthe 5 years after the proposed section commences. Proposed section 111 enables the Council to form or participate in the formation ofa trust for the purposes of providing a community benefits scheme.

P:\bi\06\b06-080-07\p01\b06-080-07-p01EXN.fm 24/10/06, 08:14 pm



Explanatory note

Proposed section 112 re-enacts a prohibition on transferring the income or propertyof the New South Wales Aboriginal Land Council to members or staff members of,or consultants to, the Council. Proposed section 113 enables the Council to prepare and implement policies aboutmatters, including CLB Plans, land dealings, business enterprises and training andcommunity benefits schemes.Proposed section 114 requires the Council to consult with Local Aboriginal LandCouncils and to obtain the approval of the Minister before adopting a policy.Proposed section 115 enables the Council to give Local Aboriginal Land Councilsdirections about CLB plans, records and other matters prescribed by the regulations. Proposed sections 116 and 117 re-enact provisions relating to delegation of functionsand rules of the Council. Proposed section 118 enables the New South Wales Aboriginal Land Council toestablish advisory committees. Proposed section 119 provides that the Council may impose conditions on approvalsgiven by it and requires Local Aboriginal Land Councils to comply with thoseconditions. Schedule 1 [46] also inserts new Divisions 3 and 4 of Part 7 (proposed sections120–131) of the Principal Act, relating to the membership of the New South WalesAboriginal Land Council and removal of councillors from office. Proposed section 120 provides that the Council is to consist of an Aboriginalcouncillor for each Region and up to 2 other Aboriginal councillors appointed by theMinister, who will hold office for 4 years. All councillors other than the Chairpersonare to be part-time.Proposed section 121 provides for the election of a councillor by each RegionalElectoral Forum.Proposed section 122 provides for the appointment of councillors.Proposed section 123 requires the councillors to elect a Chairperson and DeputyChairperson, who are to hold office for 2 years. Proposed section 124 sets out the role of councillors, including directing andcontrolling the affairs of the Council.Proposed section 125 requires the New South Wales Aboriginal Land Council toarrange training for councillors not later than 6 months after their election and for thesuspension of councillors who refuse or fail to undergo the training that is provided.Proposed section 126 sets out grounds for disqualification of councillors from office.Proposed section 127 sets out the circumstances when the office of a councillor isvacated.Proposed section 128 provides for the regulations to provide for appointments to fillcasual Council vacancies.Proposed sections 129–131 re-enact existing sections 115–117 of the Principal Actand apply them to councillors.


P:\bi\06\b06-080-07\p01\b06-080-07-p01EXN.fm 24/10/06, 08:14 pm


Explanatory note

Schedule 1 [46] also inserts new Division 5 of Part 7 (proposed sections 132–135)of the Principal Act, setting out the requirements for CLB Plans of the New SouthWales Aboriginal Land Council.Proposed section 132 requires a Council to prepare and implement a CLB Plan andsets out the consultation requirements. Proposed section 133 sets out the matters that must be included in a CLB Plan,including the Council’s objectives and strategy relating to land, community benefits,business enterprises and investment, Aboriginal culture and heritage and othermatters. In addition, a CLB Plan is to contain details of land (and interests in land) ofthe Council. Proposed section 134 requires 14 days notice to be given of a meeting of the Councilto approve a CLB Plan and provides that it has effect after such approval. Proposed section 135 provides that a failure by the Council to approve a CLB Planwithin 3 months after a Plan is referred for approval, or a substantial failure tocomply with its CLB Plan, is a ground for the appointment of an administrator to theCouncil.Schedule 1 [47] inserts proposed section 138A. The proposed section sets out thecategories of persons who are not eligible to be employed or continue to be employedas Chief Executive Officer of the New South Wales Aboriginal Land Council. Thesepersons include persons convicted of offences relating to the management of acorporation or offences punishable by imprisonment for 12 months or more, personsdisqualified from holding office in or managing a corporation, persons who areemployed by or connected with corporations that receive benefits from the Counciland persons who have been dismissed on the recommendation of the Tribunal.Schedule 1 [48] makes a consequential amendment.Schedule 1 [49] inserts proposed section 141A into the Principal Act to re-enactexisting section 147 of that Act. Schedule 1 [51] inserts proposed section 143A into the Principal Act. The proposedsection 143A requires vacancies for staff positions in the New South WalesAboriginal Land Council to be advertised.Schedule 1 [45], [52], [54], [121] and [126] make amendments consequential on theamendment made by Schedule 1 [46].

Land dealingsSchedule 1 [17] inserts proposed section 42A into the Principal Act. The proposedsection makes it an offence for a person to deal with land, or enter into a transactionor arrangement to deal with land, knowing that the dealing or transaction is notauthorised or permitted by the Principal Act.

Financial mattersSchedule 1 [55] amends section 149 of the Principal Act as a consequence of theRegistrar, rather than the Electoral Commissioner, becoming the returning officer forthe election of councillors.

P:\bi\06\b06-080-07\p01\b06-080-07-p01EXN.fm 24/10/06, 08:14 pm



Explanatory note

Schedule 1 [55] also amends section 149 of the Principal Act to enable payment ofallowances for Board members from the New South Wales Aboriginal Land CouncilAccount.Schedule 1 [56] and [57] amend section 150 of the Principal Act to provide that thecapital value of the New South Wales Aboriginal Land Council Account that is to beretained is to be adjusted for increases in the Consumer Price Index and that lossesincurred in investing money in the account are to be deducted when calculating anynet gains that may be disbursed from the Account. Schedule 1 [58] makes aconsequential amendment. Schedule 1 [61] amends section 153 of the Principal Act to enable the requirementsfor financial statements of Local Aboriginal Land Councils to be varied. Schedule 1 [62] amends section 153 of the Principal Act to reduce from 10 weeks to6 weeks after the end of the financial year the period within which the financialstatements of Local Aboriginal Land Councils are to be provided. Schedule 1 [63] amends section 154 of the Principal Act to enable regulations to setout requirements for satisfactory audited financial statements and other documentsof Local Aboriginal Land Councils, rather than criteria for a satisfactory finding bythe New South Wales Aboriginal Land Council. Schedule 1 [11] makes aconsequential amendment. Schedule 1 [68] amends section 158 of the Principal Act to require a LocalAboriginal Land Council to include in its budget matters relating to operationsfunded by persons other than the New South Wales Aboriginal Land Council andother matters prescribed by the regulations.Schedule 1 [69] substitutes section 159 of the Principal Act to remove therequirement for Local Aboriginal Land Councils to submit quarterly and six monthlyexpenditure reports to the New South Wales Aboriginal Land Council. Schedule 1[71] makes a consequential amendment.

Misbehaviour and other conduct of officers, members of staff and CouncilsSchedule 1 [1] changes references throughout the Principal Act to the Tribunal toreflect its change of name to the Aboriginal Land Councils Pecuniary Interest andDisciplinary Tribunal.Schedule 1 [8] amends section 4 of the Principal Act to insert a definition ofPecuniary Interest and Disciplinary Tribunal. Schedule 1 [79] amends section 165 of the Principal Act to extend the Registrar’sinvestigation functions to include misbehaviour by councillors, Board members andmembers of staff and consultants of Aboriginal Land Councils.Schedule 1 [82] amends section 176 of the Principal Act to insert additional conductrequirements for councillors, Board members and members of staff of AboriginalLand Councils, including acting for proper purposes and not using an office orposition for personal advantage or to the detriment of an Aboriginal Land Council.


P:\bi\06\b06-080-07\p01\b06-080-07-p01EXN.fm 24/10/06, 08:14 pm


Explanatory note

Schedule 1 [86] amends section 178 of the Principal Act to change the name of theAboriginal Land Councils Pecuniary Interest Tribunal to the Aboriginal LandCouncils Pecuniary Interest and Disciplinary Tribunal. Schedule 1 [87] inserts proposed Division 3A of Part 10 (proposed sections181A–181O) to insert provisions relating to misbehaviour by members of staff(including consultants) of Aboriginal Land Councils, councillors and Boardmembers. The provisions reflect provisions contained in the Local Government Act1993.Proposed section 181A defines misbehaviour to include contraventions of thePrincipal Act and regulations, failure to comply with codes of conduct and acts ofdisorder by councillors and Board members at meetings.Proposed section 181B enables Aboriginal Land Councils to pass formal censuremotions against councillors, Board members or members of staff for repeatedmisbehaviour.Proposed section 181C sets out the ways in which the process for suspending acouncillor or Board member or taking action against a member of staff may beinitiated by a Board, an Aboriginal Land Council, the Registrar, the Ombudsman orthe Independent Commission Against Corruption. Proposed section 181D sets out the grounds for suspension or taking action. Proposed section 181E enables the Registrar to investigate or to authorise aninvestigator to investigate matters raised in a request or report initiating action.Proposed section 181F enables the Registrar to suspend a councillor or Boardmember for not more than 3 months for misbehaviour on the basis of a report by aninvestigator, the Ombudsman or the Independent Commission Against Corruption. Proposed section 181G sets out when a Registrar’s suspension order takes effect. Proposed section 181H provides for appeals to the Tribunal against a Registrar’ssuspension order.Proposed section 181I enables the Registrar to counsel, reprimand or recommenddisciplinary action against or dismissal of a member of staff on the basis of a reportby an investigator, the Ombudsman or the Independent Commission AgainstCorruption.Proposed section 181J provides for appeals to the Tribunal against action by theRegistrar against a member of staff.Proposed section 181K enables the Registrar to refer matters to the Tribunal insteadof taking suspension or other action, but only if a councillor or Board member haspreviously been suspended or dealt with for misbehaviour. Proposed section 181L provides that the Registrar may, instead of taking actionunder the proposed Division, take no further action or issue a compliance directionor refer a matter back to an Aboriginal Land Council for other resolution. Proposed section 181M provides for the recovery by the Registrar of his or herexpenses in dealing with requests under proposed section 181C from the relevantAboriginal Land Council.

P:\bi\06\b06-080-07\p01\b06-080-07-p01EXN.fm 24/10/06, 08:14 pm



Explanatory note

Proposed section 181N requires the Registrar to give reasons for taking action ormaking referrals to the Tribunal under the proposed Division. Proposed section 181O makes it clear that the proposed Division does not affect orlimit any other proceedings or other action that may be taken in respect of a Boardmember, councillor or member of staff.Schedule 1 [88] and [89] make amendments consequential on the amendment madeby Schedule 1 [87].Schedule 1 [90] inserts proposed Subdivision 2 of Division 6 of Part 10 (proposedsections 199A and 199B).Proposed section 199A confers on the Tribunal the jurisdiction to conductproceedings into a misbehaviour matter referred to it. Proposed section 199B sets out the circumstances when the Tribunal may determinea misbehaviour matter without a hearing.Schedule 1 [92] amends section 209 of the Principal Act to enable the Tribunal todirect that names of witnesses and other matters relating to misbehaviourproceedings not be disclosed. Schedule 1 [91] and [93] make consequentialamendments.Schedule 1 [95] inserts proposed section 211A which sets out the actions theTribunal may take in misbehaviour proceedings. In the case of a Board member orcouncillor this includes counselling, reprimanding, suspending and removing anddisqualifying from office as a councillor or Board member. In the case of a memberof staff this includes counselling, reprimanding and recommending disciplinaryaction or dismissal. Schedule 1 [94] makes a consequential amendment. Schedule 1 [96] amends section 213 of the Principal Act to extend to misbehaviourproceedings provisions relating to the provision by the Tribunal of written statementsof decisions.Schedule 1 [97] amends section 214 of the Principal Act to extend to misbehaviourproceedings provisions relating to appeals to the Supreme Court against decisions ofthe Tribunal.Schedule 1 [99] amends section 216 of the Principal Act to enable the Registrar torecommend (with the approval of the New South Wales Aboriginal Land Council)the appointment of an investigator to a Local Aboriginal Land Council.Schedule [102] inserts proposed section 221A into the Principal Act. The proposedsection enables the Registrar and the New South Wales Aboriginal Land Council torequire the Chairperson of a Local Aboriginal Land Council or any other person whohas possession or control of records of a Council to provide access to records andother information and authorities. Schedule 1 [104] amends section 222 of the Principal Act to require the Minister toform an opinion before acting to appoint an administrator for a Local AboriginalLand Council on the ground that the funds or other property of the Council have notbeen properly applied or managed.


P:\bi\06\b06-080-07\p01\b06-080-07-p01EXN.fm 24/10/06, 08:14 pm


Explanatory note

Schedule 1 [105] amends section 222 of the Principal Act to clarify that anadministrator may exercise functions of a Local Aboriginal Land Council exercisedby resolution of members of the Council that are prescribed by the regulations,subject to the administrator’s instrument of appointment. Schedule 1 [107] amends section 222 of the Principal Act to enable regulations to bemade specifying functions of a Local Aboriginal Land Council or a Board that anadministrator of an Aboriginal Land Council may not exercise, except on a resolutionof members of the Council.Schedule 1 [108] inserts proposed sections 223A and 223B into the Principal Act.Proposed section 223A enables the Minister to give at least 14 days notice of theproposed appointment of an administrator to an Aboriginal Land Council and to takeinto account representations made by a person or body given notice of theappointment. Proposed section 223B enables the Minister to prohibit a Council from exercisingspecified functions or taking specified actions, and to appoint an interimadministrator (for not more than 3 months), pending the appointment of anadministrator.Schedule 1 [111] amends section 226 of the Principal Act to require fresh electionsfor Aboriginal Land Councils for which an administrator has been appointed to beheld, in the manner specified by the regulations, at the conclusion of theadministrator’s term of office. Schedule 1 [114] amends section 231 of the Principal Act to enable the Minister tovary the functions of an Aboriginal Land Council that may be exercised by anadministrator during an extension of the administrator’s term of appointment.Schedule 1 [117] inserts proposed section 234 into the Principal Act. The proposedsection enables the Minister, on the recommendation of the New South WalesAboriginal Land Council or the Registrar, to appoint an advisor to the Board of aLocal Aboriginal Land Council, if the Minister is of the opinion that the Council isin danger of failing.

Other amendmentsSchedule 1 [2] and [3] amend section 3 of the Principal Act to expand the purposesof the Principal Act to include provision for the management of land and other assetsand investments by Aboriginal Land Councils, as well as the provision of communitybenefits schemes by or on behalf of Councils.Schedule 1 [13]–[15] amend the Principal Act to update references to an Act. Schedule 1 [78] amends section 165 of the Principal Act to extend the mediation andconciliation functions of the Registrar to disputes relating to the operation of thePrincipal Act and regulations. Schedule 1 [80] amends section 165 of the Principal Act to confer on the Registrarthe function of providing to the Minister information about the operations ofAboriginal Land Councils.

P:\bi\06\b06-080-07\p01\b06-080-07-p01EXN.fm 24/10/06, 08:14 pm



Explanatory note

Schedule 1 [81] inserts proposed section 165A into the Principal Act to enable theRegistrar to delegate his or her functions. Schedule 1 [118] amends section 238 of the Principal Act to extend the disputeresolution provisions to disputes concerning the operation of the Principal Act or theregulations. Currently they apply to disputes concerning the administration of anAboriginal Land Council. Schedule 1 [119] and [120] amend section 238 of the Principal Act to make it clearthat the dispute resolution provisions do not apply if the matter could constitute anoffence under a regulation or provision is made for dispute resolution under aregulation. Schedule 1 [123] and [124] amend section 242 of the Principal Act to extendprotections against personal liability to members of Regional Electoral Forums andadvisory committee members and advisors to Local Aboriginal Land Councils. Schedule 1 [127] inserts proposed section 249A into the Principal Act to extendliability for offences under the Principal Act or regulations committed bycorporations to directors or persons concerned in the management of corporations, ifthey knowingly authorised or permitted the relevant contravention. Schedule 1 [137] inserts proposed section 252A into the Principal Act to provide forthe Act to be reviewed every 5 years. Schedule 1 [138] inserts proposed Schedule 3 into the Principal Act. The proposedSchedule contains provisions relating to proceedings of Boards, Local AboriginalLand Councils, Regional Electoral Forums and the New South Wales AboriginalLand Council.Schedule 1 [140] amends Schedule 4 to the Principal Act to enable savings andtransitional regulations to be made as a consequence of the enactment of the proposedAct. Schedule 1 [141] amends Schedule 4 to the Principal Act to enact savings andtransitional provisions as a consequence of the enactment of the proposed Act.

Schedule 2 Amendment of other ActsSchedule 2.1 amends the Crimes Act 1900 to extend the operation of offencescontained in section 249B (Corrupt commissions or rewards) of that Act tocouncillors or Board members purporting to act on behalf of Boards or AboriginalLand Councils (in the same way that those offences extend to local governmentcouncillors). Schedule 2.2 amends the Defamation Act 2005 to update references to the Tribunal.Schedule 2.3 amends the Independent Commission Against Corruption Act 1988 toinsert proposed section 74D. The proposed section enables the Commission toinclude in a report recommendations that action be taken under the proposedmisbehaviour provisions to be inserted in the Principal Act.


P:\bi\06\b06-080-07\p01\b06-080-07-p01EXN.fm 24/10/06, 08:14 pm


Explanatory note

P:\bi\06\b06-080-07\p01\b06-080-07-p01EXN.fm 24/10/06, 08:14 pm


Contents

New South Wales


First print

Page1 Name of Act 22 Commencement 23 Amendment of Aboriginal Land Rights Act 1983 No 42 24 Amendment of other Acts 25 Repeal of Act 2

Schedule 1 Amendment of Aboriginal Land Rights Act 1983 3Schedule 2 Amendment of other Acts 89

b06-080-07.p01

P:\bi\06\b06-080-07\p01\b06-080-07-p01TOC.fm 24/10/06, 08:14 pm


Contents

Page

Contents page 2

P:\bi\06\b06-080-07\p01\b06-080-07-p01TOC.fm 24/10/06, 08:14 pm

No , 2006

A Bill for


New South Wales

An Act to amend the Aboriginal Land Rights Act 1983 with respect to theconstitution, functions and governance of Aboriginal Land Councils, the provisionof community benefits by those Councils and investment by and business enterprisesof those Councils; and for other purposes.

P:\bi\06\b06-080-07\p01\b06-080-07-p01BOD.fm 24/10/06, 08:14 pm

Aboriginal Land Rights Amendment Bill 2006 Clause 1

1

2

3

4

5

6

78

9

1011

12

1314

1516

The Legislature of New South Wales enacts:

1 Name of ActThis Act is the Aboriginal Land Rights Amendment Act 2006.

2 CommencementThis Act commences on a day or days to be appointed by proclamation.

3 Amendment of Aboriginal Land Rights Act 1983 No 42The Aboriginal Land Rights Act 1983 is amended as set out inSchedule 1.

4 Amendment of other ActsThe Acts specified in Schedule 2 are amended as set out in thatSchedule.

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.

P:\bi\06\b06-080-07\p01\b06-080-07-p01BOD.fm 24/10/06, 08:14 pm

Page 2


Amendment of Aboriginal Land Rights Act 1983 Schedule 1

1

2

3

4

56

7

8

910

11

12

1314

15

1617

18

19

20

21

22

2324

252627

28

29

30

3132

33


(Section 3)

[1] The whole Act (except Schedule 4)Omit “Pecuniary Interest Tribunal” wherever occurring (except whereelsewhere specifically referred to in this Schedule).Insert instead “Pecuniary Interest and Disciplinary Tribunal”.

[2] Section 3 Purpose of ActInsert “, 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 schemesby or on behalf of those Councils.

[4] Section 4 DefinitionsOmit “, a Regional Aboriginal Land Council” from the definition ofAboriginal 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 LocalAboriginal Land Council.community benefit means a benefit or service provided for thebenefit of Aboriginal persons, and may include, but is not limitedto, the following:(a) funeral funds,(b) residential accommodation,(c) education and training, (d) scholarships and other assistance for education and

training,(e) cultural activities,

Page 3

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



1

2

34

56

7

89

101112

13

14

151617

18

19

202122

2324

25

2627

28

2930

31

32

33

34

(f) child care,(g) aged care services.community benefits scheme means a scheme for the provision ofcommunity benefits.community, land and business plan means a plan prepared andapproved under Division 6 of Part 5 or Division 5 of Part 7.Region means a Region specified in Schedule 5. Regional Electoral Forum means a Regional Electoral Forumconstituted under this Act and, in relation to a Local AboriginalLand Council, means the Regional Electoral Forum constitutedunder this Act for the Region in which the area of the Council issituated.

[7] Section 4 (1), definition of “officer”Omit the definition. Insert instead:

officer of an Aboriginal Land Council means a Board member orthe Chairperson or Deputy Chairperson of the New South WalesAboriginal Land Council.

[8] Section 4 (1), definition of “Pecuniary Interest Tribunal” Omit the definition. Insert instead:

Pecuniary Interest and Disciplinary Tribunal means theAboriginal Land Councils Pecuniary Interest and DisciplinaryTribunal 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 landsOmit “, a Regional Aboriginal Land Council” from section 36 (14).

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 4



1

2

3

4

56

7

8

9

10

11

1213

1415

16

17

18

19202122

23

24

252627

[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”.

[14] Section 37 Aboriginal lands in travelling stock reservesOmit “Stamp duty under the Stamp Duties Act 1920 shall not be” from section37 (8).Insert instead “Duty under the Duties Act 1997 is not”.

[15] Section 40A Transfer of land from one Council to anotherOmit “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 CouncilOmit “Secretary of the Local Aboriginal Land Council and certifying that thedisposal by the Council” from section 40D (2).Insert instead “Chairperson of the New South Wales Aboriginal Land Counciland certifying that the disposal by the Local Aboriginal Land Council”.

[17] Section 42AInsert 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 LandCouncil knowing that the dealing is not authorised or permittedby this Act.Maximum penalty: 100 penalty units.

(2) In this section:deal with land means sell, purchase, exchange, mortgage orotherwise dispose of land or lease or grant or release an easementover land.

Page 5

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



1

2

3

4

56

7

89

10111213

141516

171819

20212223

24252627

28293031

32

[18] Part 5, Division 1AOmit section 52. Insert instead:

Division 1A Functions of Local Aboriginal Land Councils52 Functions of Local Aboriginal Land Councils

(1) A Local Aboriginal Land Council has the functions conferred orimposed on it by or under this or any other Act.

(2) Land acquisition

A Local Aboriginal Land Council has the following functions inrelation 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, orotherwise deal with, land vested in or acquired by theCouncil,

(b) functions relating to the acquisition of land and any otherfunctions conferred on it by or under Part 4A of the NPWAct,

(c) to submit proposals for the listing in Schedule 14 to theNPW Act of lands of cultural significance to Aboriginalpersons that are reserved under the NPW Act,

(d) to negotiate the lease by the Council or by the Council andone or more other Aboriginal Land Councils of lands towhich section 36A applies to the Minister administeringthe NPW Act,

(e) when exercising its functions with respect to land that isthe subject of a lease, or proposed lease, under Part 4A ofthe NPW Act, to act in the best interests of the Aboriginalowners of the land concerned,

(f) to make written applications to the New South WalesAboriginal Land Council for the acquisition by the NewSouth 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.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 6



1

23

4567

89

10

11

1213

141516

1718

19

2021

2223

242526

272829

30

3132

33

3435

3637

(3) Land use and management

A Local Aboriginal Land Council has the following functions inrelation 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 theNew South Wales Aboriginal Land Council in respect ofsuch applications,

(b) to protect the interests of Aboriginal persons in its area inrelation to the acquisition, management, use, control anddisposal of its land.

(4) Aboriginal culture and heritage

A Local Aboriginal Land Council has the following functions inrelation to Aboriginal culture and heritage:(a) to take action to protect the culture and heritage of

Aboriginal persons in the Council’s area, subject to anyother law,

(b) to promote awareness in the community of the culture andheritage of Aboriginal persons in the Council’s area.

(5) Financial stewardship

A Local Aboriginal Land Council has the following functions inrelation 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 investmentof any assets of the Council,

(c) to facilitate business enterprises, in accordance with thisAct and the regulations and consistently with itscommunity, land and business plan.

(6) Other functions prescribed by regulations

A Local Aboriginal Land Council has any other functionsprescribed 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

Page 7

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



123

456

78

91011

121314

151617

181920

2122

232425

26

2728

2930

3132333435

(b) without limiting paragraph (a), provide, acquire, construct,upgrade or extend residential accommodation forAboriginal persons in its area.

(2) The New South Wales Aboriginal Land Council must notapprove a community benefits scheme of a Local AboriginalLand 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 LandCouncil, and

(d) the proposed scheme is fair and equitable and will beadministered in a way that is responsible and transparent,and

(e) the proposed scheme is not likely to prevent the LocalAboriginal Land Council from being able to meet its debtsas and when they fall due, and

(f) the need for the proposed benefits is not otherwise beingadequately met.

(3) A Local Aboriginal Land Council must ensure that anycommunity benefits scheme under which community benefits areprovided 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 withinthe areas of other Local Aboriginal Land Councils and mayprovide community benefits in conjunction with one or moreother Aboriginal Land Councils.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 8



1

234567

89

101112131415

161718

1920212223

24252627

28

29303132

333435

36

3738

3940

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 LocalAboriginal Land Council of residential accommodation forAboriginal persons in its area and to the construction, upgradingand extension of any such accommodation (a social housingscheme).

(2) The New South Wales Aboriginal Land Council must notapprove 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 providedby or on behalf of the Local Aboriginal Land Council or ofthe proposed scheme is or will be sufficient to meet all theexpenses of the scheme concerned, including long termmaintenance requirements, and

(b) it has considered the likely impact of the proposed schemeon the overall financial situation of the Local AboriginalLand Council.

(3) A Local Aboriginal Land Council may provide a social housingscheme by using the services of another body or agency, or withthe assistance of another body or agency, approved by the NewSouth Wales Aboriginal Land Council either generally or inrelation to a particular social housing scheme.

(4) Section 40B (2) applies to a lease by a Local Aboriginal LandCouncil to a person (whether or not for a period exceeding 3years), if the lease is for the purposes of the provision ormanagement by that person 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, orparticipate in the establishment of, a trust for the purpose ofproviding a community benefits scheme.

(2) The New South Wales Aboriginal Land Council must not give anapproval for the purposes of this section unless it is of the opinionthat 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

Page 9

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



12

345

67

89

101112

13

141516

1718

19

202122

232425

262728

2930

31

323334

3536

3738

(d) is not likely to prevent the Local Aboriginal Land Councilfrom being able to meet its debts as and when they fall due.

(3) Regulations may be made for or with respect to financial andreporting obligations for trusts established by Local AboriginalLand 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 orindirectly by way of dividend or bonus or otherwise by way ofprofit to members of the Council, Board members or any memberof 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 inaccordance with this Act, or

(b) the payment in good faith of remuneration to any suchmember, 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 theCouncil, other than the following:(a) the acquisition of land and the use, management, control,

holding or disposal of, or otherwise dealing with, landvested in or acquired by the Council,

(b) any function under this or any other Act that is expresslyrequired to be exercised by resolution of the votingmembers 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’ functionsand operations.

(2) The rules prescribed by the regulations as model rules are therules for a Local Aboriginal Land Council.

(3) However, a Local Aboriginal Land Council may prepare its ownrules and submit them to the Registrar for approval.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 10



1234

567

89

10

111213

14

151617

18

19

202122

2324

25

2627

28

2930

313233

34

35

36

37

(4) On approval by the Registrar, the rules prepared by a LocalAboriginal Land Council, to the extent that they are notinconsistent with this Act or the regulations, become the rules ofthe Council to the exclusion of the model rules.

(5) A Local Aboriginal Land Council’s rules may, with the approvalof the Registrar, be amended, repealed or replaced from time totime.

(6) A Local Aboriginal Land Council may appeal to the Courtagainst the Registrar’s refusal to approve of rules or to approveof an amendment, a repeal or a replacement of its rules.

(7) On the hearing of an appeal under subsection (6), the Court maydirect the Registrar to approve of rules, or an amendment, arepeal or a replacement of rules, specified in the direction.

52G Functions to be exercised by Council resolutionThe following functions are to be exercised, in accordance withthis Act, by resolution of the voting members of a LocalAboriginal 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 thoserules or that code,

(d) approval of the community, land and business plan of theCouncil 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 CouncilsPart 1 of Schedule 3 has effect.

[19] Section 54 Local Aboriginal Land Council membership rollsOmit “Secretary” from section 54 (1). Insert instead “chief executive officer”.

Page 11

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



1

2

3456

7

89

1011

121314151617

18192021

22232425

26

27

2829

303132

33343536

[20] Section 54 (2)–(2B)Omit section 54 (2). Insert instead:

(2) The chief executive officer of a Local Aboriginal Land Councilmust list on the membership roll for the area of the Council thenames and addresses of those persons who are qualified formembership.

(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 Councilconcerned and is accepted as being qualified on that basisto be a member by a meeting of the Council, or

(b) the person is an adult Aboriginal person who has asufficient association with the area of the Local AboriginalLand Council concerned (as determined by the votingmembers of the Council at a meeting of the Council) andis accepted as being qualified on that basis to be a memberby a meeting of the Council, or

(c) the person is an Aboriginal owner in relation to land withinthe area of the Local Aboriginal Land Council concernedand has made a written application for membership inaccordance with subsection (3).

(2B) The membership roll must indicate whether a member is a personwho is included on the roll because of residence or association, oras an Aboriginal owner, and must indicate the basis for thatinclusion.

[21] Section 54 (3) (a)–(b1)Omit the paragraphs. Insert instead:

(a) declares that the person is qualified for inclusion on themembership roll, and

(b) sets out the grounds (other than acceptance as beingqualified at a meeting) on which the person is so qualified,and

(b1) sets out the basis on which the person asserts his or herAboriginal descent and, if the application declares that theperson has a sufficient association with that Council’sarea, the basis of that association, and

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 12



1

23

4

56

7

89

1011

12

13

14

15

16

17

18

1920

2122

2324

25

26

27

2829

30

[22] Section 54 (3) (c)Omit “Chief Executive Officer of the New South Wales Aboriginal LandCouncil”.Insert instead “Registrar”.

[23] Section 55 Aboriginal persons may be members of more than one Local Aboriginal Land CouncilOmit section 55 (3). Insert instead:

(3) The Local Aboriginal Land Council in relation to which theperson has voting rights is to be the Council nominated by theperson or, if the person has not made a nomination, the Councilfor the area within which the person resides.

[24] Section 55 (4) (a)Omit the paragraph. Insert instead:

(a) in elections for Board members, or

[25] Section 55 (4), noteOmit the note.

[26] Section 55 (4A)Insert after section 55 (4):

(4A) A voting member of a Local Aboriginal Land Council is notentitled 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 areaOmit “Chief Executive Officer of the New South Wales Aboriginal LandCouncil” wherever occurring.Insert instead “Registrar”.

Page 13

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



1

23

4

5

6

789

10

11

12

13

14

15

16

17

1819

20

21

22

23

24

25

26

27

28

29

[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 undersubsection (3), the Local Aboriginal Land Council in relation towhich the person has voting rights is to be the Council for the areawithin which the person resides.

[31] Section 56 (5)Omit “or of a determination”.Insert instead “or of a failure to make a nomination”.

[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 whereoccurring in section 56 (6).Insert instead “chief executive officer”.

[34] Section 57 Suspension of members from attending Council meetingsOmit “an officer or Regional or Alternate Representative” from section 57 (1).Insert instead “a Board member”.

[35] Section 57 (1), noteOmit the note.

[36] Section 57 (4)Omit “Secretary”. Insert instead “chief executive officer”.

[37] Section 58 Removal of person’s name from membership rollOmit “Secretary”. Insert instead “chief executive officer”.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 14



1

2

3

456

7

8

9

1011

121314

151617

181920

2122

23242526

27

28

29

30

3132

3334

[38] 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 theperson is unknown.

[39] Section 59Omit 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 ascorrect by the chief executive officer, to the Registrar, and

(b) advise the Registrar in writing of any changes to themembership roll that have occurred since a copy was lastsent to the Registrar.

(2) The chief executive officer of a Local Aboriginal Land Councilis to ensure, so far as practicable, that the membership roll of theCouncil is kept up to date.

(3) The Registrar is to compile and maintain a consolidated roll of allmembers of Local Aboriginal Land Councils.

(4) The New South Wales Aboriginal Land Council must, at therequest of the Registrar, pay to the Registrar a contribution, of anamount approved by the Minister, for the cost of the exercise ofthe Registrar’s functions under this section.

[40] Part 5, Division 3Omit Divisions 3 and 4 of Part 5. Insert instead:

Division 3 Boards of Local Aboriginal Land Councils61 Local Aboriginal Land Councils to have Boards

(1) Each Local Aboriginal Land Council is to have a Boardconsisting of not less than 5, and not more than 10, members.

(2) The number of Board members for each Local Aboriginal LandCouncil is to be determined in accordance with the regulations.

Page 15

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



12

34

5

67

89

1011

121314

1516

1718

19

2021

2223

24

252627

28293031

323334

35

3637

(3) Part 2 of Schedule 3 has effect with respect to the procedure ofBoards of Local Aboriginal Land Councils.

(4) The regulations may prescribe additional requirements withrespect to meetings.

62 Functions of Boards of Local Aboriginal Land CouncilsA Board of a Local Aboriginal Land Council has the followingfunctions:(a) to direct and control the affairs of the Council, in

accordance with this Act and the regulations andconsistently with the community, land and business plan ofthe Council,

(b) to facilitate communication between the Council’smembers and the New South Wales Aboriginal LandCouncil,

(c) to review the performance of the Council in the exercise ofits functions and the achievement of its objectives,

(d) any other functions conferred on the Board by or under thisAct.

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 disqualifiedfrom membership of the Council.

(3) The term of office of a Board member commences on the Boardmember’s election and ends on the election of the next Board atthe second annual meeting of the Council following themember’s election.

(4) A Board member is entitled to be paid such travelling and otherallowances as the Minister may from time to time determine inrespect of the member.

(5) A Board member is eligible for re-election, subject to this Act.(6) The Registrar, or a person appointed by the Registrar, is to be the

returning officer for an election.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 16



12

3

45

67

8

91011

121314

1516

17

1819

202122

2324

25

26272829

3031

323334

353637

(7) The Registrar may appoint any of the following persons to act asthe returning officer for an election:(a) a member of staff of the Department of Aboriginal Affairs,(b) a member of staff of the New South Wales Aboriginal

Land Council. (8) Elections for Board members are to be conducted in accordance

with the regulations.

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 Boardmembers at the first meeting of the Board after its election.

(2) The Chairperson and Deputy Chairperson of a Board have thefunctions conferred on the Chairperson or Deputy Chairpersonby or under this Act.

(3) In the absence of the Chairperson of a Board, the DeputyChairperson: (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 beelected.

(5) Elections for Chairperson and Deputy Chairperson are to beconducted 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 foreach member elected for the first time to a Board of a LocalAboriginal Land Council.

(2) The training is to be provided not later than 6 months after thedate of election of a Board member.

(3) A Board member must not refuse or fail to undergo trainingprovided under this section when required to do so by the NewSouth Wales Aboriginal Land Council.

(4) If a Board member refuses or fails to undergo training providedunder this section when required to do so by the New SouthWales Aboriginal Land Council, the Board member is, on written

Page 17

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



123

4

56789

1011

12

1314

151617

1819

202122232425

26

2728

29

30313233

3435363738

notice being given to the Board member by the Council,suspended from office as a Board member until the personundergoes 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 thissection, if the Council is satisfied that the Board memberalready has sufficient expertise, skills and experience tocarry out his or her functions as a Board member, or

(b) extend the period within which training is to be providedto 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, thatwas recorded within the last 5 years, or

(b) has a conviction for an offence under this Act that wasrecorded within the last 5 years, or

(c) has a conviction in New South Wales for any other offencethat is punishable by imprisonment for 12 months or moreor is convicted elsewhere than in New South Wales of anoffence that, if committed in New South Wales, would bean offence so punishable that was recorded within the last5 years, or

(d) ceases to be a voting member of the Council, or(e) becomes a full-time 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 anassignment of his or her remuneration for their benefit, or

(h) is or was a director or person concerned in the managementof a body corporate that is the subject of a winding up orderor for which a controller or administrator has beenappointed under the Corporations Act 2001 of theCommonwealth during the last 3 years, or

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 18



123

4

56

789

10

11

1213141516

17181920

21

2223

24

2526272829

30

3132

3334

35

363738

(i) is disqualified from holding office in or being concerned inthe management of a corporation under any law of this orany 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 NewSouth Wales Aboriginal Land Council to undergo trainingunder section 65, or

(m) is disqualified from holding office as a councillor.(2) The Registrar may determine that an offence committed by a

person should be ignored for the purposes of this section becauseof the time that has passed since the offence was committed orbecause of the triviality of the acts or omissions giving rise to theoffence.

(3) The Registrar may determine that a person is not disqualified onthe ground set out in subsection (1) (k) if the Registrar is satisfiedthat it is appropriate in the circumstances that the person not bedisqualified on that ground.

67 Vacancy in officeA person who is a Board member of a Local Aboriginal LandCouncil 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 theperson personally or by post, except on leave granted bythe Board or unless the person is excused by the Board forhaving 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 vacancyA person is to be appointed in accordance with the regulations tofill a casual vacancy in the office of a Board member for theremainder of the term of office.

Page 19

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



12

3456

789

10

1112

131415

1617

1819

202122

232425

2627

2829303132

33

34353637

3839

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 Tribunalfor an order declaring that a particular office of a Board memberof a Local Aboriginal Land Council has become vacant under thisAct.

(2) The Tribunal may award costs under section 88 of theAdministrative Decisions Tribunal Act 1997 in respect ofproceedings commenced by an application made under thissection.

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 theAdministrative 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 dateon 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 theAdministrative Decisions Tribunal under this Division takeseffect:(a) if no appeal to the Supreme Court is made against the

order, at the end of the period during which such an appealmay be made, or

(b) if such an appeal is made within that period and the orderis confirmed on appeal, when the order is confirmed, or

(c) if, within that period, the person against whom the order ismade serves on the Chief Executive Officer of the NewSouth Wales Aboriginal Land Council written notice ofintention not to appeal against the order, when the notice islodged.

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 matterunder this Act or the regulations that also requires the approval ofthe New South Wales Aboriginal Land Council.

(2) A Board must, once every year and immediately after an electionof the Board, review all its delegations.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 20



1

2

3

456

78

9

1011

1213

14

151617

18

1920

2122

232425

262728293031

32333435

363738

[41] Sections 78A–78CInsert 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 theCouncil for the purposes of this Act.

(2) The chief executive officer has the following particularfunctions: (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 otherAct.

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 acorporation that was recorded within the last 5 years,

(c) a person who has a conviction in New South Wales for anoffence that is punishable by imprisonment for 12 monthsor more or is convicted elsewhere than in New SouthWales of an offence that, if committed in New SouthWales, would be an offence so punishable, that wasrecorded within the last 5 years,

(d) a person who is disqualified from holding office in orbeing concerned in the management of a corporation underany law of this or any other State or Territory or theCommonwealth,

(e) a person who has an interest in, or is an employee of orconcerned in the management of, a corporation thatreceives a benefit from the Council,

Page 21

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



12

34

567

89

10

1112131415

16

17181920

2122

23

2425

26

272829

3031

32

33

34

35363738

(f) a person who is already engaged as a consultant to theCouncil,

(g) a person who is a member of staff of the New South WalesAboriginal Land Council,

(h) a person who has been dismissed on the recommendationof the Pecuniary Interest and Disciplinary Tribunal withinthe last 5 years,

(i) a person who is disqualified under this Act from being aBoard member or a councillor (other than on the groundsof employment by the Council).

(2) The Registrar may determine that an offence committed by aperson should be ignored for the purposes of this section becauseof the time that has passed since the offence was committed orbecause of the triviality of the acts or omissions giving rise to theoffence.

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 aperson under section 78A to the vacant position or appoint aperson to act in the vacant position.

(2) A vacancy occurs in the position of chief executive officer if thechief 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 mentalincapacity, or

(e) is removed from the position on a ground set out in section78B or for any other reason.


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 executiveofficer must advertise the vacancy in the manner prescribed bythe regulations.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 22



12

3

4

5

6

78

910

11

1213

141516

1718

192021

222324252627

2829303132

(2) The chief executive officer need not advertise a vacant positionin the circumstances prescribed by the regulations.

[43] Part 5, Divisions 6 and 7Omit the Divisions. Insert instead:

Division 6 Community, land and business plans82 Community, land and business plans

(1) A Local Aboriginal Land Council must prepare and implement acommunity, land and business plan.

(2) A Local Aboriginal Land Council preparing a community, landand 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 AboriginalLand Council.

(3) A Local Aboriginal Land Council may amend a community, landand business plan.

(4) The provisions of this Division apply to any proposedamendment in the same way as they apply to the preparation andapproval of a plan.

(5) The New South Wales Aboriginal Land Council may exempt aLocal Aboriginal Land Council wholly or partly from therequirement to prepare a community, land and business plan, ifthe New South Wales Aboriginal Land Council is satisfied that,having regard to the limited operations of the Local AboriginalLand Council, compliance is not appropriate.

(6) For the purposes of this section, a person has a culturalassociation with land if the person is an Aboriginal owner inrelation to land within the area of the Local Aboriginal LandCouncil concerned or is a person of a class prescribed by theregulations for the purposes of this subsection.

Page 23

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



1

23

456

78

910

1112

13141516

1718

19

2021

22

2324

2526

27

2829

3031

32

33

34353637

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 andother assets,

(b) the objectives and strategy of the Council for the provisionand management of community benefits schemes,

(c) the objectives and strategy of the Council for carrying outbusiness enterprises and investment,

(d) the objectives and strategy of the Council in relation toAboriginal culture and heritage,

(e) if the plan contains particular proposals related to thestrategies in paragraph (a), (b) or (c), strategies for thedevelopment or acquisition of human resources and skillsto implement the proposals,

(f) timelines for the achievement of proposed strategies andproposals 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 followingmatters 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 themembers of the Council, of which not less than 14 days noticewas given.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 24



1234

5678

910

1112

131415

161718

192021

22

23242526

2728293031

32333435

(2) A Local Aboriginal Land Council must submit a proposedcommunity, land and business plan to the New South WalesAboriginal Land Council not less than 28 days before any suchmeeting.

(3) A Local Aboriginal Land Council must make available to itsmembers, on request, for a period of not less than 14 days beforeany such meeting and at the meeting, a summary of the proposedcommunity, land and business plan or a copy of the plan.

(4) The summary is to contain the matters prescribed by theregulations.

(5) More than one meeting may be called to enable approval of acommunity, land and business plan.

(6) A community, land and business plan approved by a LocalAboriginal Land Council takes effect when it is approved by theNew 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 thepreparation or approval of a community, land or business plandoes 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 satisfiedthat the plan complies with this Act and the regulations and isconsistent with any applicable policy of the Council.

(2) If a Local Aboriginal Land Council is not able to reach agreementon a proposed community, land and business plan within 3months after it is first proposed for approval at a meeting of theCouncil, the Chairperson of the Board may refer the proposedplan to the New South Wales Aboriginal Land Council.

(3) The New South Wales Aboriginal Land Council may amend orreplace a proposed community, land and business plan referred toit under subsection (2) and may refer the amended or replacedplan to the Local Aboriginal Land Council for approval.

Page 25

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



1

23456

789

101112

1314

15

1617

18

1920

212223

242526

27

282930313233

343536

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 planafter a plan is referred to it by the New South Wales AboriginalLand Council under section 85 (3) is, for the purposes of section222 (1) (e), a substantial breach of the requirements of this Act.

(2) A substantial failure by a Local Aboriginal Land Council tocomply with its community, land and business plan is, for thepurposes of section 222 (1) (e), a substantial breach of therequirements of this Act.Note. The effect of a substantial breach is that an administrator may beappointed for the Local Aboriginal Land Council.

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 LocalAboriginal Land Council area,

(d) without limiting paragraph (b) or (c), include the whole ofthe area of a Local Aboriginal Land Council within thearea 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 towhich members of existing Councils affected by the order may(with the members’ consent) be allocated, or a method ofdetermining the allocation of members (with the members’consent).

(3) The Minister may make an order under subsection (1) only if theorder concerned is permitted or required by or under this Act orthe regulations.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 26



12345

6

789

10

1112131415

1617

181920

2122

2324

25262728293031

32

33343536

3738

39

(4) The regulations may make provision of a savings or transitionalnature consequent on the making of orders under this section,including (but not limited to) construing references to LocalAboriginal Land Council areas and Councils and elections forBoards of new Local Aboriginal Land Councils.

88 Effect of dissolutionOn the day an order dissolving a Local Aboriginal Land Counciltakes effect, the Council ceases to exist and the Board membersof 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 LandCouncil, by order in writing, direct that all or part of the assets,rights and liabilities be transferred to an Aboriginal Land Councilspecified in the order.

(2) An order under this section may be subject to specified terms andconditions.

(3) More than one order may be made in respect of the same assets,rights and liabilities following the making of an order referred toin 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 samemeanings as they have in Schedule 3A.

(6) Despite any other provision of this section, lands vested in aLocal Aboriginal Land Council under Part 4A of the NPW Actvest in accordance with that Part. Note. Part 4A of the NPW Act deals with lands reserved or dedicatedunder that Act that are vested in an Aboriginal Land Council or Councilsand are leased by that Council or Councils to the Minister administeringthat 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 LandCouncil on application made by an Aboriginal Land Council or aperson in accordance with the regulations.

(2) For the purposes of this section, regulations may be made for orwith respect to the following matters:(a) the persons who may apply for an order under section 87,

Page 27

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



1

2

345

6

7

89

1011

12

131415

16

171819

20

2122

23

2425

2627

2829303132

3334

(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 LandCouncil 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.

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 LandCouncil 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 availableAustralian 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 LandCouncil or the Local Aboriginal Land Council that hasfound that the Local Aboriginal Land Council has ceasedto function.

(2) The Minister may take action on a ground specified subsection(1) (a)–(f) on the basis of a report by the Registrar.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 28



12

345

6789

10

111213

14

15

16

1718

19

202122

2324

25

26

27

28

29

3031

3233

(3) The Minister may not make an order on a ground specified insubsection (1):(a) in the case of an order amalgamating one or more Local

Aboriginal Land Councils—except with the consent of theCouncils, or

(b) in the case of an order including the area of a dissolvedLocal Aboriginal Land Council in the area of one or moreother Councils—except with the consent of those otherCouncils.

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 oftheir rights under this section: (a) the New South Wales Aboriginal Land Council,(b) the Board of any Local Aboriginal Land Council affected,(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 theproposed action.

(3) Before determining whether to take the action, the Minister mustconsider any submissions received under this section.

[44] Part 6Omit the Part. Insert instead:

Part 6 Regional Electoral Forums

Division 1 Establishment of Regions93 Regions

(1) The Region for a Local Aboriginal Land Council is the Regionspecified for the Council in Schedule 5.

(2) The Governor may, by order published in the Gazette, amend orsubstitute Schedule 5.

Page 29

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



12

3456

78

9101112

131415

16

17

181920

21222324

2526

2728

29

30

(3) An order that has the effect of changing the area of a Region maynot be made except on the recommendation of the Minister.

(4) The Minister must not make a recommendation unless theMinister is satisfied that any Local Aboriginal Land Councilaffected, 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 ordermade under section 87.

(6) The New South Wales Aboriginal Land Council or a LocalAboriginal Land Council may at any time request the Minister tochange the name of a Region or the Council areas included in theRegion.

(7) Regulations may be made for or with respect to elections forcouncillors and other matters consequential on changes toRegions.

Division 2 Regional Electoral Forums94 Regional Electoral Forums

(1) There is to be a Regional Electoral Forum for each Regionconsisting of the Chairpersons of the Boards of each LocalAboriginal Land Council within each Region.

(2) If an administrator has been appointed to a Local AboriginalLand Council, the member of the Regional Electoral Forum forthe Council is to be determined in accordance with theregulations.

(3) A Regional Electoral Forum is to elect one of the members of theForum as the councillor for the Region.

(4) Part 3 of Schedule 3 has effect with respect to the procedure ofRegional Electoral Forums.

[45] Part 7, Division 1, headingOmit “and functions”.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 30



1

2

34

5

67

8

91011

121314151617

181920

212223

24252627

28293031

323334

35363738

[46] Part 7, Divisions 2–5Omit 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 thefollowing functions in relation to the acquisition of land andrelated 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 aLocal Aboriginal Land Council and to use, manage,control, hold, transfer to a Local Aboriginal Land Councilor dispose of, or otherwise deal with, land vested in oracquired by the Council,

(b) functions relating to the acquisition of land and any otherfunctions conferred on it by or under Part 4A of the NPWAct,

(c) to submit proposals for the listing in Schedule 14 to theNPW Act of lands of cultural significance to Aboriginalpersons that are reserved under the NPW Act,

(d) to negotiate the lease by the Council or by the Council andone or more other Aboriginal Land Councils of lands towhich section 36A applies to the Minister administeringthe NPW Act,

(e) when exercising its functions with respect to land that isthe subject of a lease, or proposed lease, under Part 4A ofthe NPW Act, to act in the best interests of the Aboriginalowners 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 behalfof that Council,

(g) to compile and maintain a register of all land held by LocalAboriginal Land Councils and to make the informationavailable on request to the members of the Councilconcerned.

Page 31

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



1

234

56

789

10

111213

1415

1617

18192021

22232425262728

29

3031

3233

343536

37

3839

(3) Oversight of Local Aboriginal Land Councils

The New South Wales Aboriginal Land Council has thefollowing functions in relation to Local Aboriginal LandCouncils: (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 keepingof accounts and the preparation and submission of budgetsand financial reports,

(c) to assist Local Aboriginal Land Councils in the preparationand implementation of community, land and businessplans,

(d) to approve community, land and business plans of LocalAboriginal Land Councils,

(e) to assist Local Aboriginal Land Councils in conductingelections in accordance with this Act for Board members,

(f) to determine and approve or disapprove of the terms andconditions of agreements proposed by Local AboriginalLand Councils to allow mining or mineral exploration onland,

(g) to mediate, conciliate and arbitrate disputes relating to theoperation of this Act or the regulations between AboriginalLand Councils, between those Councils and individualsand between individual members of those Councils andbetween members of Regional Electoral Forums and torefer such disputes to the Registrar or independentmediators, conciliators and arbitrators.

(4) Policy and advice

The New South Wales Aboriginal Land Council has thefollowing 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 LandCouncils under this Act.

(5) Regional Electoral Forums

The New South Wales Aboriginal Land Council has thefollowing functions in relation to Regional Electoral Forums:

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 32



1234

56

7

89

10

11

121314151617

18

1920

212223

2425

26

272829

303132

3334

3536

3738

(a) to grant funds for the payment of the costs and expenses ofRegional Electoral Forums (whether under fundingagreements with Local Aboriginal Land Councils orotherwise),

(b) to assist Regional Electoral Forums in conductingelections in accordance with this Act for councillors.

(6) Administration of statutory accounts

The New South Wales Aboriginal Land Council is to administerthe New South Wales Aboriginal Land Council Account and theMining Royalties Account established under this Act.

(7) Native title

The New South Wales Aboriginal Land Council is to exercise thefunctions conferred or imposed, by the Commonwealth NativeTitle Act, on a representative Aboriginal/Torres Strait Islanderbody (within the meaning of that Act) if the Council isdetermined to be such a body by the relevant CommonwealthMinister under that Act.

(8) Aboriginal culture and heritage

The New South Wales Aboriginal Land Council has thefollowing 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 anyother law,

(b) to promote awareness in the community of the culture andheritage of Aboriginal persons in New South Wales.

(9) Financial stewardship

The New South Wales Aboriginal Land Council has thefollowing functions in relation to financial management andbusiness planning:(a) to prepare and implement policies relating to community,

land and business plans required to be adopted byAboriginal Land Councils,

(b) to prepare and implement, in accordance with this Act, acommunity, land and business plan,

(c) to manage, in accordance with this Act, the investment ofany assets of the Council,

(d) to facilitate business enterprises, in accordance with thisAct,

Page 33

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



1234

5

67

8

9101112

13

14

15

16

171819

2021

22

2324

2526

2728

293031

3233

343536

(e) to grant funds for the payment of the costs and expenses ofLocal Aboriginal Land Councils (whether under fundingagreements with Local Aboriginal Land Councils orotherwise).

(10) Other functions prescribed by regulations

The New South Wales Aboriginal Land Council has any otherfunctions prescribed by the regulations.

107 Training(1) The New South Wales Aboriginal Land Council is to provide or

arrange training, in accordance with the regulations, for thepurpose of developing the capacity of the following persons toexercise functions under this Act or the regulations:(a) councillors,(b) Board members,(c) members of Regional Electoral Forums,(d) members of staff of Aboriginal Land Councils.

(2) The New South Wales Aboriginal Land Council is to prepare andimplement a capacity development plan for the purposes ofcarrying out its functions under this section.

(3) Regulations may be made for or with respect to requirements fora 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 LandCouncils,

(d) to make grants or lend money to, or invest money for or onbehalf of, Aboriginal persons,

(e) without limiting paragraph (a), to provide, acquire,construct, upgrade or extend residential accommodationfor Aboriginal persons in the State,

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 34



1234

567

89

10

11

12

1314

1516

1718

1920212223

24

252627282930

31323334

3536

373839

(f) without limiting paragraph (a), with the approval of theMinister, to make grants or lend money to a funeralbenefits scheme established for the benefit of Aboriginalpersons,

(g) to maintain a register of approvals by the Council ofcommunity benefits schemes and to notify the Minister ofany such approvals.

(2) The New South Wales Aboriginal Land Council must ensure thatany community benefits scheme under which communitybenefits 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 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 toAboriginal persons within the area of one or more LocalAboriginal Land Councils and may provide community benefitsin 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 SouthWales Aboriginal Land Council of residential accommodationfor Aboriginal persons and to the construction, upgrading andextension of any such accommodation (a social housingscheme).

(2) The New South Wales Aboriginal Land Council may providebenefits under a social housing scheme by using the services ofanother body or agency, or with the assistance of another body oragency.

(3) The New South Wales Aboriginal Land Council must not providebenefits under a social housing scheme unless: (a) before the scheme commenced, it considered the likely

impact of the scheme on the Council’s overall financialposition, and

Page 35

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



123

4567

8

910111213

141516

17

181920

212223

2425

2627282930

31

323334

3536

(b) it is satisfied that the Council will be able to meet all theexpenses of the scheme, including long term maintenancerequirements.

(4) Section 40B (2) applies to a lease by the New South WalesAboriginal Land Council to a person (whether or not for a periodexceeding 3 years), if the lease is for the purposes of the provisionor management by that person of a social housing scheme.

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 ofLocal Aboriginal Land Councils in the State by not less than 3%per annum, for the 5 year period commencing at the beginning ofthe first financial year after the commencement of this section.

(2) The New South Wales Aboriginal Land Council is to include inits annual report a report on the steps taken to meet the targetestablished 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 ofproviding a community benefits scheme.

(2) Regulations may be made for or with respect to financial andreporting obligations of trusts established by the New SouthWales 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 transferreddirectly or indirectly by way of dividend or bonus or otherwise byway of profit to councillors or any member of staff of, orconsultant 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 suchcouncillor, member of staff or consultant.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 36



1

23

45

67

89

10

1112

13

1415

16

17

1819202122

2324

2526

27

2829

3031

323334

35

3637

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 businessenterprises and investments,

(d) the provision of training to members of staff, Boardmembers and councillors,

(e) community benefits schemes, (f) financial and reporting requirements for Aboriginal Land

Councils,(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 communitybenefits schemes that provide residential accommodation is toinclude criteria for determining applications for approval thathave been determined after consultation with the AboriginalHousing Office.

(3) The New South Wales Aboriginal Land Council must review allof its policies every 5 years.

(4) The New South Wales Aboriginal Land Council must makecopies 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.

Page 37

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



12

34

567

89

1011

12

1314

151617

18

19202122

232425

262728

293031323334

3536373839

(3) A policy may be amended or revoked in the same way as a policymay 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 thefollowing:(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 directiongiven under this section.

(3) A direction must not be inconsistent with this Act or theregulations or any applicable policy of the New South WalesAboriginal 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 (notincluding another member of staff of the Council) any of thefunctions of the Council, other than the following:(a) the administration of the New South Wales Aboriginal

Land Council Account and the Mining Royalties Accountestablished under this Act,

(b) the granting of funds for the payment of the costs andexpenses of Local Aboriginal Land Councils, RegionalElectoral Forums and advisory committees of the Council,

(c) the acquisition of land on the Council’s behalf, or onbehalf of a Local Aboriginal Land Council, and thetransfer of such land to a Local Aboriginal Land Counciland the use, management, control, holding or disposal of,or otherwise dealing with, land vested in or acquired by theCouncil,

(d) the negotiation of the acquisition by the Council, or by oneor more Local Aboriginal Land Councils, of land ofcultural significance to Aboriginal persons that is listed inSchedule 14 to the NPW Act and the lease of that land tothe Minister administering that Act,

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 38



1234

567

8

910

11

1213

1415

16

171819

2021

222324

25262728

293031

323334

353637

(e) the negotiation of the lease by the Council, or by one ormore Local Aboriginal Land Councils, of land to whichsection 36A applies to the Minister administering the NPWAct,

(f) the determination and approval of terms and conditions ofagreements proposed by Local Aboriginal Land Councilsto 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.

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’sfunctions and operations.

(2) The rules prescribed by the regulations as model rules are therules for the New South Wales Aboriginal Land Council.

(3) However, the New South Wales Aboriginal Land Council mayprepare its own rules and submit them to the Registrar forapproval.

(4) On approval by the Registrar, the rules prepared by the NewSouth Wales Aboriginal Land Council, to the extent that they arenot inconsistent with this Act or the regulations, become the rulesof 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 orreplaced from time to time.

(6) The New South Wales Aboriginal Land Council may appeal tothe Court against the Registrar’s refusal to approve of rules or toapprove of an amendment, a repeal or a replacement of its rules.

(7) On the hearing of an appeal under subsection (6), the Court maydirect the Registrar to approve of rules, or an amendment, arepeal or a replacement of rules, specified in the direction.

Page 39

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



1

23456

78

910

11121314

151617

18192021

222324

25

2627

2829

303132

3334

118 Advisory committees(1) The New South Wales Aboriginal Land Council may from time

time appoint such advisory committees as the Council considersappropriate for the purpose of advising the Council, carrying outconsultations with Aboriginal persons or facilitating discussionabout issues arising under this Act.

(2) An advisory committee has such functions as the Council mayfrom time to time determine in respect of it.

(3) An advisory committee consists of such persons appointed by theCouncil as the Council thinks fit.

(4) A committee member holds office for such period as is specifiedin the instrument of appointment of the committee member, butany such appointment may be terminated by the Council at anytime.

(5) One of the committee members, in and by the instrument ofappointment of the committee member, is to be appointed aschairperson of the committee.

(6) The procedure for the calling of meetings of an advisorycommittee and for the conduct of business at those meetings is tobe as determined by the Council or (subject to any determinationof the Council) by the committee.

(7) A committee member is entitled to be paid such travelling andother allowances as the Minister may from time to timedetermine 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 SouthWales Aboriginal Land Council.

(4) The New South Wales Aboriginal Land Council may revoke anapproval given by the Council under this Act.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 40



1

2

3456

78

910

11

12

1314

1516

1718

192021

2223

24

2526

27

2829

30

313233

3435

Division 3 Councillors of NSW Aboriginal Land Council120 Membership of New South Wales Aboriginal Land Council

(1) The New South Wales Aboriginal Land Council is to consist ofan Aboriginal councillor for each Region (the electedcouncillors) and not more than 2 other Aboriginal councillorsappointed by the Minister (the appointed councillors).

(2) The councillors (other than the Chairperson of the Council) are tobe part-time.

(3) Subject to this Act, an elected councillor holds office for a periodbeginning 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) Subject to this Act, an appointed councillor holds office for aperiod of 4 years.

(5) A councillor is eligible (if otherwise qualified) for re-election orre-appointment.

(6) A councillor is entitled to be paid remuneration in accordancewith the Statutory and Other Offices Remuneration Act 1975.

(7) A councillor is entitled to be paid such travelling and otherallowances as the Minister may from time to time determine inrespect of the councillor.

(8) Part 4 of Schedule 3 has effect. The regulations may prescribeadditional requirements for or with respect to meetings.

121 Elected councillors(1) Each Regional Electoral Forum is to elect, from among its

members, a person to be the councillor for the Region.(2) Regulations may be made for or with respect to the following:

(a) the elections, including (but not limited to) the nominationof candidates, voting and declaration of results,

(b) the timing of elections,(c) procedures (including appeals) related to disputed results

and the conferring of jurisdiction on a court or tribunal todeal with disputed returns.

(3) The Registrar is to be the returning officer for elections forcouncillors.

Page 41

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



12

3

456

78

910

11

12

13

14

15

16

17181920

212223

24252627

28

2930

3132

3334

3536

(4) The New South Wales Aboriginal Land Council is to bear thereasonable costs of elections for councillors.

122 Appointed councillorsIn determining whether to appoint councillors to the New SouthWales Aboriginal Land Council, the Minister is to consult withthe elected councillors and have regard to the following matters: (a) the desirability of having an appropriate range among the

councillors of gender, age, expertise, skills and experience,(b) the desirability of appointing persons with suitable

expertise, skills or experience in any of the following: (i) Aboriginal community participation,

(ii) government or community services,(iii) business or finance,(iv) land acquisition, management or development,(v) Aboriginal culture and heritage.

123 Chairperson and Deputy Chairperson(1) The councillors of the New South Wales Aboriginal Land

Council are to elect a Chairperson and a Deputy Chairperson atthe first meeting of the Council following the election of electedcouncillors.

(2) The Chairperson and Deputy Chairperson are to hold office for aterm of 2 years and are eligible (if otherwise qualified) forre-election.

(3) The Deputy Chairperson is to act in the office of Chairpersonduring the illness or absence of the Chairperson, and the DeputyChairperson while so acting, has and may exercise all thefunctions of the Chairperson and is taken to be the Chairperson.

124 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

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 42



12

3

45

678

9

101112

1314

151617

1819202122

23

2425262728

2930

31

32

3334

353637

(d) to review the performance of the Council in the exercise ofits functions and the achievement of its objectives.

(2) The role of an elected 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 WalesAboriginal Land Council.

125 Training for councillors(1) The New South Wales Aboriginal Land Council must arrange

training in relation to the matters prescribed by the regulations foreach councillor elected for the first time to the Council.

(2) The training is to be provided not later than 6 months after thedate of election of the councillor.

(3) A councillor must not refuse or fail to undergo training providedunder this section when required to do so by the New SouthWales Aboriginal Land Council.

(4) If a councillor refuses or fails to undergo training provided underthis section when required to do so by the New South WalesAboriginal Land Council, the councillor is, on written noticebeing given to the councillor by the Council, suspended fromoffice as a councillor until the person undergoes the training.

(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 theCouncil is satisfied that the councillor already hassufficient expertise, skills and experience to carry out hisor her functions as a councillor, or

(b) extend the period within which training is to be providedto a councillor under this section.

Division 4 Removal from office126 Grounds for disqualification from office

(1) A person is disqualified from holding office as a councillor of theNew 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 thatwas recorded within the last 5 years, or

Page 43

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



12

345678

9

10111213

1415161718

192021

22

2324

2526

272829

30

3132333435

36373839

(b) has a conviction for an offence under this Act that wasrecorded within the last 5 years, or

(c) has a conviction in New South Wales for any other offencethat is punishable by imprisonment for 12 months or moreor is convicted elsewhere than in New South Wales of anoffence that, if committed in New South Wales, would bean offence so punishable that was recorded within the last5 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 anassignment of his or her remuneration for their benefit, or

(f) is or was a director or person concerned in the managementof a body corporate that is the subject of a winding up orderor for which a controller or administrator has beenappointed under the Corporations Act 2001 of theCommonwealth during the previous 3 years, or

(g) is disqualified from holding office in or being concerned inthe management of a corporation under any law of this orany 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 full-time councillor, engages in other paid

employment, or(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 theCouncil to undergo training under section 125, or

(l) is disqualified from being a Board member.(2) The Registrar may determine that an offence committed by a

person should be ignored for the purposes of this section becauseof the time that has passed since the offence was committed orbecause of the triviality of the acts or omissions giving rise to theoffence.

(3) The Registrar may determine that a person is not disqualified onthe ground set out in subsection (1) (j) if the Registrar is satisfiedthat it is appropriate in the circumstances that the person not bedisqualified on that ground.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 44



1

23

4

56789

10

1112

1314

15

16

171819

2021

222324

25262728

2930

313233

3435

127 Vacancy in officeA person who is a councillor of the New South Wales AboriginalLand 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 personpersonally or by post, except on leave granted by theCouncil or unless the person is excused by the Council forhaving 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.

128 Casual vacancyA person is to be appointed in accordance with the regulations tofill a casual vacancy in the office of a councillor for the remainderof the term of office.

129 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 Tribunalfor an order declaring that a particular office of a councillor hasbecome vacant under this Act.

(2) The Tribunal may award costs under section 88 of theAdministrative Decisions Tribunal Act 1997 in respect ofproceedings commenced by an application made under thissection.

130 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 theAdministrative 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 dateon which the order is made.

Page 45

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



12

345

678

910

1112131415

16

17

1819

2021

2223

2425

2627

282930

31323334

131 Effect of order declaring vacancy (cf section 331 of Local Government Act 1993)

An order declaring a vacancy in an office made by theAdministrative Decisions Tribunal under this Division takeseffect:(a) if no appeal to the Supreme Court is made against the

order, at the end of the period during which such an appealmay be made, or

(b) if such an appeal is made within that period and the orderis confirmed on appeal, when the order is confirmed, or

(c) if, within that period, the person against whom the order ismade serves on the Chief Executive Officer of the NewSouth Wales Aboriginal Land Council written notice ofintention not to appeal against the order, when the notice islodged.

Division 5 Community, land and business plans132 Community, land and business plans

(1) The New South Wales Aboriginal Land Council must prepareand implement a community, land and business plan.

(2) The Council when preparing a community, land and businessplan must consult with the following persons: (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 andapproval of a plan.

(5) For the purposes of this section, a person has a culturalassociation with land if the person is an Aboriginal owner or aperson of a class prescribed by the regulations for the purposes ofthis subsection.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 46



1

23

456

78

910

1112

13141516

1718

19

2021

22

2324

2526

27

2829

3031

32

33

34353637

133 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 andother assets,

(b) the objectives and strategy of the Council for the provisionand management of community benefits schemes,

(c) the objectives and strategy of the Council for carrying outbusiness enterprises and investment,

(d) the objectives and strategy of the Council in relation toAboriginal culture and heritage,

(e) if the plan contains particular proposals related to thestrategies in paragraph (a), (b) or (c), strategies for thedevelopment or acquisition of human resources and skillsto implement the proposals,

(f) timelines for the achievement of proposed strategies andproposals 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 followingmatters in relation to land:(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.

134 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 ameeting of the Council, of which not less than 14 days notice wasgiven.

Page 47

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



12345

67

89

10111213

1415

161718

192021

22

232425262728

2930313233

(2) The Chief Executive Officer of the New South Wales AboriginalLand Council must make available to its councillors, on request,for a period of not less than 14 days before any such meeting andat the meeting, a summary of the proposed community, land andbusiness plan or a copy of the plan.

(3) The summary is to contain the matters prescribed by theregulations.

(4) More than one meeting may be called to enable approval of acommunity, land and business plan.

(5) The New South Wales Aboriginal Land Council must notapprove a community, land and business plan unless it is satisfiedthat the plan complies with this Act and the regulations and isconsistent with any applicable policy of the Council.

(6) A community, land and business plan takes effect when it isapproved 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 thepreparation or approval of a community, land or business plandoes not affect the validity of the plan.

135 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 3months after the plan is first referred to a meeting of the Councilfor approval is, for the purposes of section 223, a ground thatjustifies the appointment of an administrator (without anyrequirement for a report referred to in section 223 (3)).

(2) A substantial failure by the New South Wales Aboriginal LandCouncil to comply with its community, land and business plan is,for the purposes of section 223, a ground that justifies theappointment of an administrator (without any requirement for areport referred to in section 223 (3)).

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 48



1

2

3

456

7

89

10

111213141516

17181920

212223

2425

2627

282930

313233

3435363738


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 AboriginalLand 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 acorporation that was recorded within the last 5 years,

(c) a person who has a conviction in New South Wales for anyoffence that is punishable by imprisonment for 12 monthsor more or is convicted elsewhere than in New SouthWales of an offence that, if committed in New SouthWales, would be an offence so punishable that wasrecorded within the last 5 years,

(d) a person who is disqualified from holding office in orbeing concerned in the management of a corporation underany law of this or any other State or Territory or theCommonwealth,

(e) a person who has an interest in, or is an employee of orconcerned in the management of, a corporation thatreceives a benefit from the Council,

(f) a person who is already engaged as a consultant to theCouncil,

(g) a person who is a member of staff of a Local AboriginalLand Council,

(h) a person who has been dismissed on the recommendationof the Pecuniary Interest and Disciplinary Tribunal withinthe last 5 years,

(i) a person who is disqualified under this Act from being aBoard member or a councillor (other than on the groundsof employment by the Council).

(2) The Registrar may determine that an offence committed by aperson should be ignored for the purposes of this section becauseof the time that has passed since the offence was committed orbecause of the triviality of the acts or omissions giving rise to theoffence.

Page 49

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



1

2

34

5

6

7

89

10

11121314

15

16

17

18

19

20

21222324

2526

27

28

29

30

31

[48] 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 beemployed on a ground referred to in section 138A, or


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 thanthis power of delegation.

(2) The Chief Executive Officer may sub-delegate a functiondelegated to the Chief Executive Officer by the New South WalesAboriginal Land Council to any person or body (includinganother member of staff of the Council).

[50] Section 142 Staff organisation structureOmit “Regional Aboriginal Land Councils” from section 142 (1) (a) (ii). Insert instead “Regional Electoral Forums”.

[51] 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, theChief Executive Officer must advertise the vacancy in themanner prescribed by the regulations.

(2) The Chief Executive Officer need not advertise a vacant positionif the Registrar approves.

[52] Part 7, Division 11Omit the Division.

[53] Section 149 NSW Aboriginal Land Council AccountOmit “Regional Aboriginal Land Councils” from section 149 (3) (a).Insert instead “Regional Electoral Forums, advisory committees”.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 50



1

2

3

4

56

789

1011

121314

15

16

17

18

19

2021

22

23

24

25

26

27

28293031

32

33

[54] Section 149 (4) (a)Omit “the councillors and”.

[55] Section 149 (4) (b) and (c)Omit section 149 (4) (b). Insert instead:

(b) the cost of the election of councillors (including the costsincurred by the Registrar), and

(c) the payment of amounts for travelling and otherallowances to Board members and remuneration andallowances to councillors.

[56] Section 150 Preservation of money in NSW Aboriginal Land Council AccountInsert “(as adjusted thereafter on a quarterly basis in accordance with thepercentage increase (if any) in the Consumer Price Index)” after“31 December 1998” in section 150 (1).

[57] Section 150 (2)Insert “and any losses incurred in investing the money” after “advice”.

[58] Section 150 (3)Insert after section 150 (2):

(3) In this section:Consumer Price Index means the Consumer Price Index (AllGroups Index) for Sydney issued by the Australian Statistician.

[59] Section 151 Regional Aboriginal Land Council AccountsOmit the section.

[60] Section 153 Local Aboriginal Land Councils to keep accountsOmit “and each Regional Aboriginal Land Council” from section 153 (1).

[61] Section 153 (2A)Insert after section 153 (2):

(2A) Section 41BA of the Public Finance and Audit Act 1983 appliesto financial statements required to be prepared under this sectionin the same way that it applies to financial reports required to beprepared under that Act.

[62] Section 153 (4)Omit “10 weeks”. Insert instead “6 weeks”.

Page 51

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



12

3

45

6

7

8

9

10

11

12

13

14

15

1617181920

21

22

2324

25262728

293031

323334

[63] Section 154 Regulations may set requirements to judge satisfactory financial statementsOmit “criteria by which”.Insert instead “the requirements that must be met by audited financialstatements and other documents”.

[64] Section 154Omit “or Regional”.

[65] Section 155 Local Aboriginal Land Councils may request special auditorOmit “or Regional” wherever occurring.

[66] Section 158 Budget of Local Aboriginal Land CouncilsOmit “and Regional” from section 158 (1).

[67] Section 158 (2)Omit “or Regional”.


(3) The budget prepared and submitted under this section is toinclude details of a Council’s proposed operations, includingoperations to be funded by persons or bodies other than the NewSouth Wales Aboriginal Land Council, and is to contain anymatters prescribed by the regulations.


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 Ministerwithin 10 weeks after the end of each quarter of each financialyear a report specifying:(a) the amounts of funds granted during the quarter by that

Council to Local Aboriginal Land Councils and thepurposes for which the funds were granted, and

(b) whether the Local Aboriginal Land Councils concernedhave complied with the financial obligations imposed bythis Part in relation to those grants.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 52



1234

567

89

10

1112

1314

15

16

17

18

19

20

21

22

23

24

25

26

27

28

2930

31

(2) The New South Wales Aboriginal Land Council must prepareand submit to the Minister within 10 weeks after the end of each6-month period ending on 30 June and 31 December in each yeara report specifying:(a) the amounts of funds granted during the 6-month period by

that Council to Local Aboriginal Land Councils and thepurposes for which the funds were granted, and

(b) whether the Local Aboriginal Land Councils concernedhave complied with the financial obligations imposed bythis Part in relation to those grants.

(3) The regulations may prescribe the form and content of suchreports.

[70] Section 160 NSW Aboriginal Land Council may give other Councils directions regarding accountingOmit “and Regional” from section 160 (1).

[71] Section 160 (1) (b)Omit “and quarterly reports”.


[73] Sections 161 and 165 (c)Omit “and Regional” wherever occurring.

[74] Part 8, Division 3, headingOmit “and Regional”.

[75] Section 162 Funding agreementsOmit “or Regional” wherever occurring in section 162 (1) and (2).

[76] Section 163 Cessation of fundingOmit “or Regional” wherever occurring.

[77] Section 165 Functions of RegistrarOmit “Regional Aboriginal Land Council areas and the changing of names ofRegional Aboriginal Land Councils” from section 165 (e).Insert instead “Regions and the changing of names of Regions”.

Page 53

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



1

2

3

4

56

7

8

91011

12

13

14

1516

1718

1920

2122

23

242526

272829

3031

3233

3435

[78] Section 165 (g)Omit “administration of Aboriginal Land Councils”.Insert instead “operation of this Act and the regulations”.

[79] Section 165 (h)Insert “, misbehaviour by councillors, Board members and members of staffof, and consultants to, Aboriginal Land Councils” after “pecuniary interests”.

[80] Section 165 (h1)Insert after section 165 (h):

(h1) at the request of the Minister, to provide to the Ministerinformation as to the operations of an Aboriginal LandCouncil,


165A DelegationThe Registrar may delegate the exercise of any function of theRegistrar 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.

[82] 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 anAboriginal Land Council, or member of a Regional ElectoralForum or advisory committee, must:(a) act honestly and exercise a reasonable degree of care and

diligence in carrying out his or her functions under this orany other Act, and

(b) act for a proper purpose in carrying out his or her functionsunder 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 anAboriginal Land Council.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 54



1

2

3

4

5

6

7

89

10

1112

13

14

15

16

17

1819

20

21

2223

2425262728

2930

313233

[83] Section 177 Codes of conductOmit “and Regional” from section 177 (1).

[84] Section 177 (5) (a)Omit “an officer or Regional or Alternate Representative”.Insert instead “a Board member”.

[85] Section 177 (5) (b)Omit the paragraph.

[86] Section 178 Establishment of Pecuniary Interest and Disciplinary TribunalOmit “Aboriginal Land Councils Pecuniary Interest Tribunal”.Insert instead “Aboriginal Land Councils Pecuniary Interest and DisciplinaryTribunal”.

[87] Part 10, Division 3AInsert after Division 3:

Division 3A Misbehaviour181A 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 theNew South Wales Aboriginal Land Council or by a Boardmember at a meeting of the Board or of the LocalAboriginal Land Council,

but does not include a contravention of the disclosurerequirements of Division 4.

(2) A reference in this Division to misbehaviour or an incident ofmisbehaviour includes a reference to misbehaviour that consistsof an omission or failure to do something.

Page 55

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



12

345

678

91011

121314

1516

1718

19202122232425

26272829

3031323334

3536373839

181B Formal censure for misbehaviour (cf section 440G of Local Government Act 1993)

(1) The New South Wales Aboriginal Land Council may byresolution at a meeting formally censure a councillor or amember of staff of the Council for misbehaviour.

(2) A Local Aboriginal Land Council or a Board of a Council mayby resolution at a meeting formally censure a Board member ormember of staff of the Council for misbehaviour.

(3) A formal censure resolution may be passed only if the Council orBoard is satisfied that the person has misbehaved on one or moreoccasions.

(4) The Council or Board must specify in the formal censure motionthe grounds on which it is satisfied that the person should becensured.

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, aperson is initiated by:(a) a request made by the New South Wales Aboriginal Land

Council or Local Aboriginal Land Council or Board byresolution communicated to the Registrar, in which theCouncil or Board states its belief that grounds may existthat warrant a councillor’s or Board member’s expulsionor action being taken against a member of staff of theCouncil concerned, or

(b) a request made by the Registrar to the Council or Board fora report from the Council or Board in relation to acouncillor’s or Board member’s or member of staff’salleged misbehaviour, or

(c) a report made by the Ombudsman in which theOmbudsman states that the Ombudsman is satisfied thatgrounds exist that warrant the councillor’s or Boardmember’s suspension or action being taken against amember of staff, or

(d) a report made by the Independent Commission AgainstCorruption in which the Commission recommends thatconsideration be given to suspending a councillor or Boardmember or taking action against a member of staff underthis Division.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 56



123

456789

10111213

1415

161718

19

20

2122

232425

262728

293031

32

333435

36373839

(2) The Council or Board must make a report to the Registrarrequested under subsection (1) (b) before the date specified in theRegistrar’s request or any later date allowed by the Registrar.

(3) This section authorises such requests and reports to be made, anda reference in this section to a report made by the IndependentCommission Against Corruption or the Ombudsman is areference to a report made to the Registrar under the authority ofthis subsection or under any other provisions of this or any otherAct.

(4) Nothing in this section affects any function under any otherprovision of this or any other Act that authorises the making of areport or recommendation concerning suspension of a councilloror 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 besuspended from office or action taken against a member of staffunder 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 asufficiently serious nature as to warrant the person’ssuspension or the action being taken,

(b) the person’s behaviour has involved one incident ofmisbehaviour that is of such a nature as to warrant theperson’s suspension or the action being taken.

(2) The process for the suspension of or taking other action against aperson cannot be initiated by a request made by an AboriginalLand Council or a Board unless: (a) where subsection (1) (a) applies—the person has:

(i) on 2 or more occasions been formally censured forincidents of misbehaviour that occurred during theperiod concerned, or

(ii) in the case of a councillor or Board member—on atleast one occasion been expelled from a meeting ofthe Council or Board for an incident ofmisbehaviour during the period concerned, or

Page 57

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



1

23

456

789

101112

1314

1516171819

2021222324252627

2829

3031

32333435

36373839

(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 forthe incident of misbehaviour concerned.

(3) Subsection (2) does not affect the Registrar’s power to initiate theprocess for the suspension of a person or to take action against amember of staff.

(4) Furthermore, subsection (2) does not prevent the Registrar frominitiating the process for the suspension of a person as a result ofa 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 thematters raised by or connected with a request or report referred toin section 181C or authorise an investigator referred to in section216 to conduct such an investigation and to prepare a report intothose matters.

(2) The conduct of an investigation by the Registrar or thepreparation of a report by an investigator is a prerequisite to adecision by the Registrar to suspend the councillor or Boardmember from office or take action against a member of staff, butis not necessary if the Independent Commission AgainstCorruption or the Ombudsman states in a report that theCommission or Ombudsman is satisfied that grounds exist thatwarrant 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 orBoard 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 mattersconcerned and is satisfied that grounds exist that warrantthe person’s suspension, or

(b) if the Independent Commission Against Corruption or theOmbudsman states in a report that the Commission orOmbudsman is satisfied that grounds exist that warrant thecouncillor’s or Board member’s suspension.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 58



12

34

5

678

910

1112131415

1617

181920

2122

2324

25

26

27

2829

3031

3233

3435

(2) A copy of the order must be served on the councillor or Boardmember.

(3) A councillor or Board member, while suspended from officeunder 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 theoffice.

181G When suspension order takes effect (cf section 440L of Local Government Act 1993)

The period of suspension under an order made by the Registrarcommences on the date 7 days after the service of the order on thecouncillor or Board member or the date specified in the order forthe commencement of the period of suspension, whichever is thelater.

181H Appeals against suspension (cf section 440M of Local Government Act 1993)

(1) A councillor or Board member against whom an order ofsuspension is made by the Registrar may appeal against the orderto the Pecuniary Interest and Disciplinary Tribunal.

(2) Such an appeal may not be made more than 28 days after the datethe order was served on the councillor.

(3) The Tribunal may stay the order of suspension until such time asthe 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.

Page 59

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



1

23

4567

89

1011

12

13

14

151617

18

19

202122

2324

2526

27

28

29

3031

3233

3435

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 mattersconcerned and is satisfied that grounds exist that warrantthe action, or

(b) if the Independent Commission Against Corruption or theOmbudsman states in a report that the Commission orOmbudsman is satisfied that grounds exist that warrant thetaking 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 orreprimanding 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 thePecuniary Interest and Disciplinary Tribunal.

(2) Such an appeal may not be made more than 28 days after the datenotice of the decision was served on the member of staff.

(3) The Tribunal may stay the decision until such time as theTribunal 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.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 60



12

34567

89

101112

1314151617

18192021

2223

2425

26272829303132

333435

363738394041

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 orreport referred to in section 181C for consideration by thePecuniary Interest and Disciplinary Tribunal instead ofsuspending the councillor or Board member or taking actionagainst the member of staff concerned under this Division.

(2) However, a matter that is the subject of a request by anAboriginal Land Council or Board may not be referred to theTribunal unless the councillor or Board member concerned haspreviously been suspended or dealt with under this Division formisbehaviour.

(3) The conduct of an investigation on the preparation andconsideration of an investigator’s report is not a prerequisite to adecision by the Registrar to refer a matter to the Tribunal, but theRegistrar may take into consideration any such investigation orany investigator’s report if one is prepared.

(4) A matter is referred to the Tribunal under this section by meansof a report presented to the Tribunal by the Registrar. A reportmay contain or be accompanied by such material andobservations as the Registrar thinks fit.

(5) The regulations may make provision for or with respect to thereference 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 orconsidering a request or report made under section 181C and anyrelevant investigation or investigator’s report prepared undersection 181E, decide to take no further action on the request orreport, whether or not an investigation or a report by aninvestigator has been authorised, started or completed, if satisfiedthat no further action is warranted.

(2) The Registrar may, at any time, exercise the power to issue acompliance direction to a councillor or Board member or memberof staff under this Act.

(3) The Registrar may, instead of suspending a councillor or Boardmember from office under this Division or taking action inrelation to a member of staff or referring the matter to thePecuniary Interest and Disciplinary Tribunal, refer the matter tothe Aboriginal Land Council or Board of a Local AboriginalLand Council with recommendations as to how the Council or

Page 61

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



12

34

56789

10

11121314

1516

1718

192021

222324

2526

2728

29

3031

323334

3536

3738

Board might resolve the matter, by alternative dispute resolutionor 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 byor in respect of the Registrar considering and dealing with arequest made under section 181C, including the expenses of anyinvestigation by the Registrar or an investigator andinvestigator’s report into the matters raised by or connected withthe request.

(2) The Registrar may make a determination of the amount of theexpenses referred to in subsection (1) and serve a notice requiringthe amount so determined to be paid in recovery of theRegistrar’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 asdetermined by the Minister.

(4) The Council may apply to the Administrative Decisions Tribunalfor a review of whether any part of the expenses so determinedare not reasonable expenses.

(5) The Registrar must give effect to any decision of that Tribunal ona review of the determination of the amount of the expenses.

(6) A reference in this section to expenses incurred includes areference 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 ofreasons for: (a) imposing or deciding not to impose a period of suspension

or taking or deciding not to take action in relation to amember of staff, or

(b) referring a matter to the Pecuniary Interest andDisciplinary Tribunal.

(2) The statement of reasons is to be provided to the councillor,Board member or member of staff concerned.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 62



1

234

5

6

7

8

910

1112

13

14

15

161718

19202122

232425

26

27

28

293031

323334

181O Other proceedings or actions not affectedNothing in this Division affects or limits any proceedings or otheraction that may be taken in respect of a councillor, Board memberor member of staff.

[88] Part 10, Division 5, Subdivisions 1 and 2, headingsOmit the headings.

[89] Part 10, Division 6, headingInsert after section 197:

Division 6 Proceedings before the Pecuniary Interest and Disciplinary Tribunal

Subdivision 1 Proceedings relating to pecuniary interest matters

[90] Part 10, Division 6, Subdivision 2Insert after section 199:

Subdivision 2 Proceedings relating to misbehaviour199A 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 inrelation to a referred matter, the Pecuniary Interest andDisciplinary Tribunal may decide to conduct proceedings into thematter.

(2) If the Pecuniary Interest and Disciplinary Tribunal decides not toconduct proceedings into a referred matter, it must provide awritten 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 andDisciplinary Tribunal not to conduct proceedings is not adecision to which section 213 or 214 applies.

(4) The Registrar is to be a party to any proceedings conducted by thePecuniary Interest and Disciplinary Tribunal into a referredmatter.

Page 63

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



123

45678

91011

1213

1415

161718192021

22

23

24

25

26

27

282930

31

3233

34

35

36

37

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 andany other document or other material lodged with or provided tothe Tribunal in relation to the report, the Pecuniary Interest andDisciplinary Tribunal may determine the proceedings without ahearing if:(a) the Registrar and the person to whom the report relates

have agreed that the proceedings may be determinedwithout a hearing, and

(b) there are no material facts in dispute between the Registrarand person, and

(c) in the opinion of the Tribunal, public interestconsiderations do not require a hearing.

(2) To avoid doubt, a decision by the Pecuniary Interest andDisciplinary Tribunal to determine proceedings in a referredmatter without a hearing is not a decision to which section 213 or214 applies.Note. Section 213 requires the Pecuniary Interest and DisciplinaryTribunal to inform certain parties of decisions in proceedings before it.

Subdivision 3 General provisions[91] Section 209 Release of information

Insert “in the case of a complaint—” before “direct” in section 209 (1) (b).

[92] 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 ofthe 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 thereferred matter relates,

(iii) any specified evidence,(iv) the subject-matter of the referred matter.

[93] Section 209 (3) (b)Insert “, or the person to whom the referred matter relates” after “made”.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 64



12

3

4

5

6

78

910

1112

13

14

1516

171819

202122

232425

26

27

282930

31

323334

3536

[94] Section 211 Decision of Pecuniary Interest and Disciplinary Tribunal—interest mattersOmit “holding office in an Aboriginal Land Council” from section 211 (1) (d).Insert instead “holding office as a councillor or a Board member”.


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 thecouncillor from that office, or

(e) disqualify the councillor or Board member from holdingoffice as a councillor or Board member for a period notexceeding 5 years.

(3) The Tribunal may, if it finds that the behaviour concerned of amember of staff of an Aboriginal Land Council warrants actionunder 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 counsellingor 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 exceeding5 years.

(4) In this section, member of staff has the same meaning as it has inDivision 3A.

Page 65

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



12

345

6

789

10

11

12

1314

15

16

17

18

19

20

2122

23242526

2728

2930

313233

34

[96] Section 213 Pecuniary Interest and Disciplinary Tribunal to provide details of its decisionsInsert “(or to the relevant Aboriginal Land Council in the case of a matter thathas been referred to the Tribunal under section 181K)” after “initialcomplaint” in section 213 (1).

[97] Section 214 Appeals to Supreme CourtInsert “, other than a decision of the Tribunal determining an appeal to theTribunal under section 181H,” after “proceeding” where secondly occurringin section 214 (1).

[98] Section 216 Appointment of investigator into Aboriginal Land CouncilsOmit “or Regional” wherever occurring in section 216 (2) and (5).

[99] Section 216 (2)Insert “or on the recommendation of the Registrar with the approval of thatCouncil” after “New South Wales Aboriginal Land Council”.

[100] Section 220 Minister may extend term of office of investigator Omit “or Regional” from section 220 (2).

[101] Section 221 Minister may remove an investigatorOmit “or Regional” from section 221 (2).


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 theCouncil must, if required to do so by the Registrar, provide theRegistrar 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 orother person is able to provide.

Maximum penalty (subsection (1)): 10 penalty units.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 66



1234

567

89

101112

13

14

15

16

17

18192021

22

23

24

25

26272829

30

31

3233

343536

(2) The Chairperson of a Local Aboriginal Land Council and anyother person who has possession or control of any records of theCouncil of the Council must, if required to do so by the NewSouth 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 NewSouth Wales Aboriginal Land Council, and

(b) information that the Chairperson or other person is able togive in relation to those records and operations, and

(c) authorities or orders on bankers and others that relate tothose records or operations and that the Chairperson orother 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 withunless access is provided to a statement, written in the Englishlanguage and decipherable on sight, that contains all theinformation in the record.

[103] Section 222 Administrators—Local Aboriginal Land CouncilsOmit “or Regional” from section 222 (1).

[104] Section 222 (1) (d)Omit the paragraph. Insert instead:

(d) if the Minister is of the opinion, on the receipt of a reportby an investigator appointed in accordance with Division1, or otherwise, that the funds or other property of theCouncil have not been properly applied or managed, or


(4) The administrator has, during the period of his or herappointment, 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 ofthe Council conferred or imposed by or under this Act, and

Page 67

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



12345

6

7

8

9

10

1112

131415

16

17

18

192021

222324

2526

272829

30

313233

343536

(b) the functions of the Council and the members of theCouncil exercised by resolution of the members of theCouncil that are prescribed by the regulations (except asprovided by the administrator’s instrument ofappointment).



(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 ofmembers of the Council.

[108] Sections 223A and 223BInsert 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 than14 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 LandCouncil, and

(b) in the case of the New South Wales Aboriginal LandCouncil—each councillor.

(2) The Minister must, before appointing an administrator, take intoaccount any written representations received from any person orbody 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 theappointment of an administrator of the Council: (a) prohibit the Council from exercising certain specified

functions or taking specified actions, except with theapproval of the Minister, for a specified period,

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 68



123

456

78

910

1112

13

14

15

16

1718

19

20

2122

2324

25

26

27

28

29

30

31323334

(b) appoint a person to act as an interim administrator of theCouncil, with specified functions, for a specified period(not exceeding 3 months).

(2) A notice under this section ceases to have effect if anadministrator is appointed under this Division or if the Ministerdecides not to appoint an administrator under this Division.

(3) The Minister must notify the Aboriginal Land Council in writingif the Minister decides not to appoint an administrator.

(4) The Minister may revoke or vary a notice given under thissection.

(5) An Aboriginal Land Council must not fail to comply with anotice given under this section.

[109] Section 225 Certain persons ineligible to be administratorsOmit section 225 (b). Insert instead:

(b) a Board member,

[110] Section 226 Removal of office holders on appointment of administratorOmit “or Regional Aboriginal Land Council, the officers of the Council” fromsection 226 (1).Insert instead “Aboriginal Land Council, the Board members of the Council”.

[111] Section 226Omit “at the time and in the manner specified by the regulations” whereveroccurring. Insert instead “, in the manner specified by the regulations, so as to enablevacancies to be filled at the conclusion of the administrator’s term of office”.

[112] Section 229 Administrator to report monthlyOmit “or Regional” from section 229 (1) wherever occurring.

[113] Section 231 Minister may extend term of office of administratorOmit “or Regional” from section 231 (2).


(3) The Minister may, by further instrument of appointment, vary thefunctions of the Council that may be exercised by anadministrator during the extension of the administrator’s term ofappointment.

Page 69

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



1

2

3

4

5

6

7

8

9101112

131415

1617

1819

2021

2223

24252627

282930

31

32

33

[115] Section 232 Minister may remove administratorOmit “or Regional” from section 232 (2).

[116] Part 11, Division 3, headingOmit “dissolution of Aboriginal Land Councils”.Insert instead “assistance to Local Aboriginal Land Councils”.


234 Appointment of advisors(1) The Minister may, on the recommendation of the New South

Wales Aboriginal Land Council or the Registrar, appoint anadvisor to the Board of a Local Aboriginal Land Council, if theMinister is of the opinion that the Council is in danger of failing.

(2) An advisor is to be appointed from a list of persons jointlyprepared by the Director-General and the New South WalesAboriginal Land Council.

(3) Notice of the appointment of an advisor is to be published in theGazette.

(4) An advisor is to be appointed for a term specified by the Ministerin the advisor’s instrument of appointment.

(5) An advisor has, subject to any limitations specified in theadvisor’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 Councilor the Minister or at the advisor’s discretion, as to theoperations of the Local Aboriginal Land Council.

(6) The appointment of an advisor ceases to have effect if anadministrator is appointed for the Local Aboriginal LandCouncil.

[118] Section 238 Application of PartOmit “administration of an Aboriginal Land Council” from section 238 (1).Insert instead “operation of this Act or the regulations”.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 70



1

2

3

4

5

6

7

8

9

10

11

1213

14

15

16

17

1819

20

21

22

232425

[119] Section 238 (2) (a)Insert “or the regulations” after “this Act”.

[120] Section 238 (2) (b)Insert “or the regulations” after “Part 12)”.

[121] Section 238, noteOmit the note.

[122] Section 242 Exclusion of personal liabilityOmit “Local or Regional Aboriginal Land Council” from section 242 (1) (b).Insert instead “Local Aboriginal Land Council or Board member”.

[123] Section 242 (1) (b1) and (b2)Insert after section 242 (1) (b):

(b1) a member of a Regional Electoral Forum or advisorycommittee,

(b2) an advisor to a Local Aboriginal Land Council,

[124] Section 242 (1)Insert “advisor,” after “member,”.

[125] Section 246 Proof of certain matters not requiredOmit “member of a Local or Regional Aboriginal Land Council” from section246 (c). Insert instead “Board member or member of a Regional Electoral Forum”.

[126] Section 246 (d)Omit the paragraph. Insert instead:

(d) the holding of office by a person as an officer of the NewSouth Wales Aboriginal Land Council or as theChairperson or Deputy Chairperson of a Board, or

Page 71

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



1

2

3

456789

10111213

141516

17

18

19

20

2122

23

24

2526

27

28

29

30

31

32


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 adirector of the corporation or who is concerned in themanagement of the corporation is taken to have contravened thesame provision if the person knowingly authorised or permittedthe contravention.

(2) A person may be proceeded against and convicted under aprovision pursuant to subsection (1) whether or not thecorporation has been proceeded against or has been convictedunder the provision.

(3) Nothing in this section affects any liability imposed on acorporation for an offence committed by the corporation underthis Act or the regulations.

[128] Section 250 Establishment of new Local Aboriginal Land CouncilsOmit “Council” from section 250 (1) (c). Insert instead “Board”.

[129] Section 250 (1) (d)Omit the paragraph. Insert instead:

(d) at the first meeting of the Council, the members are to electthe Board of the Council.

[130] Section 250 (2) (a) (ii)Omit the subparagraph. Insert instead:

(ii) have a sufficient association with that area or areAboriginal owners of land in that area, and

[131] Section 251 Establishment of new Regional Aboriginal Land CouncilsOmit the section.

[132] Section 252 RegulationsOmit “and Regional Aboriginal Land Council areas” from section 252 (2) (a).

[133] Section 252 (2) (b)–(e)Omit the paragraphs.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 72



1

2

3

4

56

78

9

10

11

12

13

141516

17181920

212223

[134] Section 252 (2) (g)Omit “Regional Aboriginal Land Councils”. Insert instead “Regional Electoral Forums”.

[135] Section 252 (3) Omit “subsection (2) (a) or (b) may apply to the matters referred to in thoseparagraphs”.Insert instead “subsection (2) (a) may apply to the matters referred to in thatparagraph”.

[136] Section 252 (3)Omit “or Regional Aboriginal Land Council areas”.


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 theAct remain appropriate for securing those objectives.

(2) The review is to be undertaken as soon as possible after the periodof 5 years from the date of assent to the Aboriginal Land RightsAmendment Act 2006 and as soon as possible after the end ofevery period of 5 years thereafter.

(3) A report on the outcome of a review is to be tabled in each Houseof Parliament within 12 months after the end of the period of 5years.

Page 73

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



1

2

3

4

5

6

7

8

91011

12

1314

1516

17

18192021

22

2324

25

262728293031

3233

[138] Schedule 3Insert after Schedule 2:

Schedule 3 Procedure of Boards, Councils and Forums

(Sections 52H, 61 (3), 94 (4) and 120 (8))

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 Councildetermines.

(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.

2 General procedureThe procedure for the calling of meetings of a Local AboriginalLand Council and for the conduct of business at those meetingsis, subject to this Act and the regulations, to be as determined bythe Council.

3 QuorumThe quorum for a meeting of a Local Aboriginal Land Council is10 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 theabsence of both the Chairperson and the Deputy Chairperson, aperson elected by the members of the Local Aboriginal LandCouncil who are present at a meeting of the Council) is to presideat a meeting of the Council.

(2) The presiding member has a deliberative vote and, in the event ofan equality of votes, has a second or casting vote.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 74



12

3

456

78

9

1011

12

13

14

1516

17

18

19

20

2122

2324

25

262728

29

3031

(3) If an administrator is appointed to the Council, the administratoris 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 presentis the decision of the Council.

(2) The attendance of each person who is a voting member at ameeting 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.

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 procedureThe procedure for the calling of meetings of the Board and for theconduct of business at those meetings is, subject to this Act andthe regulations, to be as determined by the Board.

3 QuorumThe quorum for a meeting of the Board is a majority of itsmembers for the time being.

Page 75

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



1

23456

78

9

101112

13

1415161718

19202122

232425

262728

29

3031

323334

3536

4 Presiding member(1) The Chairperson (or, in the absence of the Chairperson, the

Deputy Chairperson, or in the absence of both the Chairpersonand the Deputy Chairperson, a person elected by the members ofthe Board who are present at a meeting of the Board) is to presideat a meeting of the Board.


5 VotingA decision supported by a majority of the votes cast at a meetingof the Board at which a quorum is present is the decision of theBoard.

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 bytelephone, closed-circuit television or other means, but only ifany member who speaks on a matter before the meeting can beheard by the other members.

(2) For the purposes of a meeting held in accordance withsubclause (1), the presiding member and each Board memberhave the same voting rights as they have at an ordinary meetingof the Board.

(3) A resolution approved under subclause (1) is, subject to theregulations, to be recorded in the minutes of the meetings of theBoard.

(4) Papers may be circulated among the Board members for thepurposes of subclause (1) by facsimile or other transmission ofthe information in the papers concerned.

7 Authentication of documentsAny document requiring authentication by the Board issufficiently 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 documentwas prepared, or

(b) in the absence of that Board member, any other memberwho was present at that meeting.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 76



1

234

5

67

8

9

10

1112

13

14

15

161718

19

20212223

24

252627

28

293031

3233

8 First meetingThe chief executive officer of the Council or, if there is no chiefexecutive officer, the Registrar may call the first meeting of theBoard 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:



Part 3 Procedure of Regional Electoral Forums1 Frequency of meetings

A Regional Electoral Forum is to hold meetings, in accordancewith the regulations, for the purpose of electing a councillor tothe New South Wales Aboriginal Land Council.

2 General procedureThe procedure for the calling of meetings of a Regional ElectoralForum and for the conduct of business at those meetings is,subject to this Act and the regulations, to be as determined by theForum.

3 QuorumThe quorum for a meeting of a Regional Electoral Forum is amajority of the members constituting the Forum for the timebeing.

4 Presiding member(1) A person elected by the members of the Regional Electoral

Forum who are present at a meeting of the Forum is to preside ata meeting of the forum.


Page 77

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



1

234

5

67

89

10

11

121314

1516

17

1819

20

21

22

2324

25

26

27

28

29303132

3334

5 Deputies(1) The Board of a Local Aboriginal Land Council may appoint a

member of the Board to be the deputy of the Chairperson of theBoard for the purposes of the Regional Electoral Forum.

(2) In the absence of the Chairperson:(a) the Chairperson’s deputy is, if available, to act in the place

of the Chairperson for the purposes of the Forum, and(b) while so acting, has all the functions of the Chairperson for

the purposes of the Forum and is taken to be theChairperson for those purposes.

6 Voting(1) A decision supported by a majority of the votes cast at a meeting

of a Regional Electoral Forum at which a quorum is present is thedecision of the Forum.

(2) This clause is subject to any requirements of the regulationsrelating to elections of councillors.

7 Minutes(1) The Regional Electoral Forum must cause minutes to be kept of

the proceedings of each meeting of the Forum.(2) The minutes are to include a record of the following:



Part 4 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 withthe regulations at a time (being a time as soon as practicable afterthe election) and place arranged by the Registrar.

(2) The New South Wales Aboriginal Land Council must holdordinary meetings at least once every 3 calendar months.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 78



123

45

6

789

10

11

121314

15

1617181920

2122

2324

25

262728

29

303132

33

34

35

(3) The Chairperson must call an extraordinary meeting of theCouncil if requested to do so by a majority of the councillors forthe time being.

(4) The Chairperson may call an extraordinary meeting of theCouncil at any time.

2 General procedureThe procedure for the calling of meetings of the New SouthWales Aboriginal Land Council and for the conduct of businessat those meetings is, subject to this Act and the regulations, to beas determined by the Council.

3 QuorumThe quorum for a meeting of the New South Wales AboriginalLand Council is a majority of the councillors constituting theCouncil 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 DeputyChairperson, a person elected by the members of the Council whoare present at a meeting of the Council) is to preside at a meetingof the Council.


(3) If an administrator is appointed to the Council, the administratoris to preside at meetings of the Council.

5 VotingA decision supported by a majority of the votes cast at a meetingof the New South Wales Aboriginal Land Council at which aquorum 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 theCouncil.

(2) The minutes are to include a record of the following:(a) motions put to the meeting,(b) amendments to such motions,

Page 79

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



12

3

4

5

6

7

8

9

10

11121314

15161718

1920

21

22

2324

252627

282930

3132333435

(c) the names of the movers and seconders of those motionsand amendments,

(d) the resolutions passed by the meeting.

[139] Schedule 3AInsert before Schedule 4:

Schedule 3A Transfer of assets, rights and liabilities

(Section 89 (6))

1 DefinitionsIn this Schedule:assets means any legal or equitable estate or interest (whetherpresent or future and whether vested or contingent) in real orpersonal property of any description (including money), andincludes securities, choses in action and documents.instrument means an instrument (other than this Act) thatcreates, modifies or extinguishes rights or liabilities (or would doso if lodged, filed or registered in accordance with any law), andincludes any judgment, order or process of a court.liabilities means any liabilities, debts or obligations (whetherpresent or future and whether vested or contingent).transfer order means an order made under section 89.

2 Vesting of undertaking in transfereeWhen any assets, rights or liabilities are transferred by a transferorder, 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 byvirtue of this Schedule the rights and liabilities of thetransferee,

(c) all proceedings relating to those assets, rights or liabilitiescommenced before the transfer by or against the transferoror a predecessor of the transferor and pending immediatelybefore the transfer are taken to be proceedings pending byor against the transferee,

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 80



123456

789

101112

13

14

1516

171819

20212223

2425

2627

2829

30

31

32

333435

3637

(d) any act, matter or thing done or omitted to be done inrelation to those assets, rights or liabilities before thetransfer by, to or in respect of the transferor is (to the extentthat that act, matter or thing has any force or effect) takento have been done or omitted by, to or in respect of thetransferee,

(e) a reference in any Act, in any instrument made under anyAct or in any document of any kind to the transferor or apredecessor of the transferor is (to the extent that it relatesto those assets, rights or liabilities but subject toregulations or other provisions under Schedule 4), to beread 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 civilwrong, or

(b) as a breach of any contractual provision prohibiting,restricting or regulating the assignment or transfer ofassets, rights or liabilities, or

(c) as giving rise to any remedy by a party to an instrument, oras causing or permitting the termination of any instrument,because of a change in the beneficial or legal ownership ofany asset, right or liability.

(2) The operation of this Schedule is not to be regarded as an eventof default under any contract or other instrument.

(3) No attornment to the transferee by a lessee from the transferor isrequired.

(4) The operation of this Schedule includes the making of a transferorder.

4 Date of vestingA 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 orliabilities are transferred.

(2) The consideration and value or values cannot exceed theoptimised deprival value of those assets, rights or liabilities.

Page 81

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



123456

7

8

910

111213

14

151617

181920

21

22

232425

26

272829

30

31

32

33

(3) In this clause, optimised deprival value means a valuedetermined by the application of the Guidelines on AccountingPolicy for Valuation of Government Trading Enterprisesprepared by the Steering Committee on National PerformanceMonitoring of Government Trading Enterprises, agreed on by theCommonwealth and States and published in October 1994.

6 DutiesDuty 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 orregistration 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 ofthe transferor in that land.

(2) If the interest transferred is not a separate interest, the orderoperates to create the interest transferred in such terms as arespecified in the order.

(3) This clause does not limit any other provision of this Schedule.

8 Determinations of Minister for purposes of ordersFor the purposes of any transfer order, a determination by theMinister as to which entity to which any assets, rights orliabilities 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 thisSchedule.

(2) Such a notice is conclusive evidence of that transfer.

[140] Schedule 4 Savings, transitional and other provisionsInsert at the end of clause 1A (1):

Aboriginal Land Rights Amendment Act 2006

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 82



1

2

3

4

5

6

78

9

10111213

1415

161718

19

2021222324252627

282930313233

343536

[141] Schedule 4, Part 7Insert after Part 6:

Part 7 Aboriginal Land Rights Amendment Act 2006

40 DefinitionIn this Part:amending Act means the Aboriginal Land Rights Amendment Act2006.

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 ofthe Act, as inserted by the amending Act, ceases to hold office onthat commencement.

(2) An officer of a Local Aboriginal Land Council is not entitled toany remuneration or compensation because of the loss of office.

(3) Nothing in this clause prevents a former officer of a LocalAboriginal Land Council from seeking election as a Boardmember.

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 ofDivision 3 of Part 5 of the Act, as inserted by the amending Act,regulations may be made, elections for Board members may beheld and any other act, matter or thing may be done before thatcommencement as if the whole of the amending Act, and anyregulations relating to the elections, commenced on the date ofassent to that Act.

(2) If elections for Board members are not held in accordance withthis Act, as amended by the amending Act, before the term ofoffice of the current officers of the Local Aboriginal LandCouncil, or of an administrator of the Council, expires, the termof office of the officers or administrator, as the case may be, isextended until the Board members are elected.

(3) Nothing in this clause prevents the appointment of anadministrator from being revoked in accordance with this Act oran administrator from being appointed for a Council.

Page 83

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



1

23456789

1011121314

1516

17

18192021

2223

24

25262728

29303132

333435

36

3738

43 First meetings and elections of Regional Electoral Forum(1) For the purpose of enabling Regional Electoral Forums to be

constituted and councillors to be elected on or after thecommencement of Part 6 of the Act, as inserted by the amendingAct, regulations may be made, elections for councillors may beheld and any other act, matter or thing may be done before thatcommencement as if the whole of the amending Act, and anyregulations relating to the elections, commenced on the date ofassent to that Act.

(2) If elections for councillors are not held in accordance with thisAct, as amended by the amending Act, before the term of officeof the administrator of the New South Wales Aboriginal LandCouncil expires, the term of office of the administrator isextended until the councillors are elected.

(3) Nothing in this clause prevents the appointment of theadministrator 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 bythe amending Act, ceases to exist on that commencement and theofficers of the Council cease to hold office.

(2) An officer of the Council is not entitled to any remuneration orcompensation 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 wasprovided immediately before the commencement of this clause(an existing social housing scheme).

(2) A Local Aboriginal Land Council must not operate an existingsocial housing scheme, after 18 months after the commencementof this clause, except in accordance with an approval of the NewSouth Wales Aboriginal Land Council.

(3) The New South Wales Aboriginal Land Council must notapprove an existing social housing scheme unless it is satisfiedthat:(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

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 84



123

45

6789

1011

1213

141516171819

202122232425

26

2728293031

323334

353637

3839

(c) the scheme is consistent with the community, land andbusiness plan (if any) of the Local Aboriginal LandCouncil, and

(d) the scheme is fair and equitable and will be administeredin a responsible and transparent way, and

(e) the income (including any subsidies and grants) from theexisting social housing scheme is or will be sufficient tomeet all the expenses of the scheme, including long termmaintenance requirements, and

(f) it has considered the impact of the scheme on the overallfinancial position of the Local Aboriginal Land Council.

(4) The New South Wales Aboriginal Land Council may imposeconditions on an approval under this clause.

(5) Without limiting subclause (4), the New South Wales AboriginalLand Council may make it a condition of an approval under thisclause that the Local Aboriginal Land Council operate theexisting social housing scheme by using the services of anotherbody 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 approvalof the New South Wales Aboriginal Land Council to operate anexisting social housing scheme under this clause may, with theapproval of that Council, enter into an agreement or otherarrangement with another body or agency for that body or agencyto 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 communitybenefits were provided by Local Aboriginal Land Councils toAboriginal persons immediately before the commencement ofthis clause (an existing community benefits scheme).

(2) A Local Aboriginal Land Council may continue to operate anexisting community benefits scheme despite any other provisionof this Act.

(3) The New South Wales Aboriginal Land Council may review anexisting community benefits scheme, to determine whether ornot:(a) it is fair and equitable and is administered in a responsible

and transparent way, or

Page 85

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



12

345

67

89

10

11121314

15161718

19202122

2324

2526

27282930

(b) it is likely to prevent the Local Aboriginal Land Councilfrom being able to meet its debts as and when they fall due.

(4) On a review, the New South Wales Aboriginal Land Council mayimpose conditions on the provision of an existing communitybenefits scheme by a Local Aboriginal Land Council.

(5) Any such condition is to be consistent with any applicable policyof the New South Wales Aboriginal Land Council.

(6) A Local Aboriginal Land Council must comply with anyconditions 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 businessplan, in accordance with this Act, not later than 18 months afterthe commencement of Division 6 of Part 5.

(2) The New South Wales Aboriginal Land Council may extend theperiod within which a Local Aboriginal Land Council is toprepare and adopt a plan, and may waive the requirement whollyor partially in an appropriate case.

(3) Despite any other provision of this Act, the New South WalesAboriginal Land Council is to prepare and adopt a community,land and business plan, in accordance with this Act, not later than18 months after the commencement of Division 5 of Part 7.

(4) The Minister may extend the period within which the New SouthWales 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 theAboriginal Land Councils Pecuniary Interest Tribunal is taken tobe a reference to the Aboriginal Land Councils Pecuniary Interestand Disciplinary Tribunal.

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 86



1

2

3

4

5

67

89

10111213

14

1516

17181920

21

2223

2425262728

29

3031

323334

[142] Schedule 5Insert after Schedule 4:

Schedule 5 Regions(Section 93 (1))

Central RegionThe Central Region consists of the following Local AboriginalLand Council areas:Albury and District, Bathurst, Condobolin, Cowra,Cummergunja, Deniliquin, Dubbo, Gilgandra, Griffith, Hay,Leeton and District, Moama, Mudgee, Murrin Bridge,Narrandera, Narromine, Orange, Peak Hill, Trangie, WaggaWagga, Wamba Wamba, Warren Macquarie, Wellington, WestWyalong, Young

Northern RegionThe Northern Region consists of the following Local AboriginalLand Council areas:Amaroo, Anaiwan, Armidale, Ashford, Coonabarabran, DorrigoPlateau, Glen Innes, Guyra, Moombahlene, Moree, Mungindi,Narrabri, Nungaroo, Red Chief, Tamworth, Toomelah,Walhallow, Wanaruah, Wee Waa

North Coast RegionThe North Coast Region consists of the following LocalAboriginal Land Council areas:Baryugil, Birpai, Birrigan Gargle, Bogal, Bowraville, Bunyah,Casino, Coffs Harbour, Forster, Grafton-Ngerrie, GuginGudduba, Jali, Jana Ngalee, Jubullum, Karuah, Kempsey, MuliMuli, Nambucca, Ngulingah, Purfleet/Taree, Stuart Island TribalElders Descendants, Thunggutti, Tweed Byron, Unkya, Yaegl

Sydney and Newcastle RegionThe Sydney and Newcastle Region consists of the followingLocal Aboriginal Land Council areas:Awabakal, Bahtabah, Darkingjung, Deerubbin, Gandangara,Koompahtoo, La Perouse, Metropolitan, Mindaribba, Tharawal,Worimi

Page 87

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm



1

23

456

7

89

1011121314

South Coast RegionThe South Coast Region consists of the following LocalAboriginal Land Council areas:Batemans Bay, Bega, Bodalla, Brungle/Tumut, Cobowra, Eden,Illawarra, Jerrinja, Merrimans, Mogo, Ngunnawal, Nowra,Onerwal, Pejar, Ulladulla, Wagonga

Western RegionThe Western Region consists of the following Local AboriginalLand Council areas:Balranald, Baradine, Brewarrina, Broken Hill, Cobar,Collarenabri, Coonamble, Dareton, Goodooga, Ivanhoe,Lightning Ridge, Menindee, Murrawari, Mutawintji, NullaNulla, Nyngan, Pilliga, Quambone, Tibooburra, Walgett,Wanaaring, Weilmoringle, Weilwan, Wilcannia, Winbar

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Page 88


Amendment of other Acts Schedule 2

1

2

3

4

5

6

789

10

1112131415

16

17

1819

2021

22

23

2425

26

27

2829

Schedule 2 Amendment of other Acts(Section 4)

2.1 Crimes Act 1900 No 40Section 249A DefinitionsInsert 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 tothe agent’s principal is a reference to the New South WalesAboriginal Land Council), and

(g) a Board member of a Local Aboriginal Land Councilwithin the meaning of the Aboriginal Land Rights Act1983 (and in this case a reference in this Part to the agent’sprincipal is a reference to the Local Aboriginal LandCouncil).

2.2 Defamation Act 2005 No 77[1] Schedule 1 Additional publications to which absolute privilege applies

Omit “Aboriginal Land Councils Pecuniary Interest Tribunal” whereveroccurring in clause 31.Insert instead “Aboriginal Land Councils Pecuniary Interest and DisciplinaryTribunal”.

[2] Schedule 2 Additional kinds of public documentsOmit “Aboriginal Land Councils Pecuniary Interest Tribunal” from clause 6.Insert instead “Aboriginal Land Councils Pecuniary Interest and DisciplinaryTribunal”.

[3] Schedule 3 Additional proceedings of public concernOmit “Aboriginal Land Councils Pecuniary Interest Tribunal” from clause 16.Insert instead “Aboriginal Land Councils Pecuniary Interest and DisciplinaryTribunal”.

Page 89

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm


Schedule 2 Amendment of other Acts

12

3

4

5

67

89

10

1112

131415

161718

192021

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 LandRights Act 1983, or

(b) the taking of action against a member of staff of anAboriginal Land Council under that Division.

(2) The Commission is not to make a recommendation under thissection unless the Commission is of the opinion that promptaction is required in the public interest.

(3) This section does not limit any other recommendation that theCommission is authorised to include in a report under section 74in relation to a councillor, Board member or member of staff.

(4) This section extends to a report in relation to a matter that hasbeen the subject of an investigation conducted before thecommencement of this section.

Page 90

P:\bi\06\b06-080-07\p01\b06-080-07-p01SCH.fm 24/10/06, 08:32 pm

Aboriginal Land Rights Amendment Bill 2006

Documents

Transcript of Aboriginal Land Rights Amendment Bill 2006