Aboriginal Land Legislation Amendment Act 2024 (Vic)
Aboriginal Land Legislation Amendment Act 2024
No. 29 of 2024
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purpose
2Commencement
Part 2—Amendment of Aboriginal Lands Act 1970
Division 1—Transfer of shares
3Entries in register of members
4New sections 13A and 13B inserted
5Restriction on transfer of shares
Division 2—General meetings
6General meetings
7New section 22A inserted
8Procedure at general meetings
9New section 23AA inserted
10Offences
Division 3—Committee of management
11Committee of management
12New section 15A inserted
Division 4—Compliance exemption or extension
13New section 24F inserted
Division 5—Reports and strategic plan
14Powers of Trusts
15Sections 18D and 18E repealed
16New sections 21A and 21B inserted
17Trust must give Minister certain reports
18Minister to keep records
Division 6—Independent auditor and investigation
19New sections 23AAB, 23AAC, 23AAD and 23AAE inserted
Division 7—Related entities
20Powers of Trusts
21Accounts
22Financial reports
Division 8—Administration
23Appointment of new Administrator in certain cases
24Administrator to establish advisory committee
25Constitution of board
26Meetings of a board
Division 9—Other amendments
27Definitions
28New sections 28, 29 and 30 inserted
29Registers of residents to be prepared
30Statute law revision
Part 3—Amendment of Aboriginal Lands Act 1991
31Closure of roads
32Grants to particular organisations
33Sale not permitted
34New sections 7A and 7B inserted
35Registrar of Titles to make necessary amendments
Part 4—Repeal of this Act
36Repeal of this Act
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Endnotes
1 General information
Aboriginal Land Legislation Amendment Act 2024
No. 29 of 2024
[Assented to 3 September 2024]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purpose
The purpose of this Act is to make miscellaneous amendments to the Aboriginal Lands Act 1970 and the Aboriginal Lands Act 1991.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 28 May 2025, it comes into operation on that day.
PART 2—AMENDMENT OF ABORIGINAL LANDS ACT 1970
Division 1—Transfer of shares
3Entries in register of members
(1)In section 13(1) of the Aboriginal Lands Act 1970, for "a proper instrument of transfer." substitute "an instrument of transfer in the prescribed form accompanied by—
(a)any other prescribed supporting documents or information; and
(b)a statutory declaration in accordance with subsection (1A) from the person selling or transferring the shares; and
(c)a statutory declaration in accordance with subsection (1A) from the purchaser or person to whom the shares are being transferred.".
(2)After section 13(1) of the Aboriginal Lands Act 1970 insert—
"(1A)A statutory declaration accompanying an instrument of transfer must state—
(a)the number of shares to be sold or transferred; and
(b)if the shares are to be sold, that the sale is in accordance with section 14; and
(c)if the shares are to be otherwise transferred, that the transfer is not a sale or exchange for consideration; and
(d)that the sale or transfer is made in accordance with this Act and the regulations (if any).".
(3)In section 13(2) of the Aboriginal Lands Act 1970, for "his or her" (where twice occurring) substitute "the representative's".
(4)In section 13(4) of the Aboriginal Lands Act 1970, for "an infant" substitute "a child".
4New sections 13A and 13B inserted
After section 13 of the Aboriginal Lands Act 1970 insert—
"13A Notification of transfer of shares
(1)A Trust or other person or body responsible for maintaining the register of members for the Trust, within 28 days after any transfer of shares, must—
(a)give written notice of the share transfer to all members appearing in the register; or
(b)publish written notice of the share transfer in a place or publication that is accessible to all members appearing in the register.
Example
A community noticeboard, newsletter or online portal.
(2)The notice must be approved by the committee of management of the Trust and include—
(a)the name and signature of the person transferring the shares; and
(b)the name, signature and address of the person to whom the shares are transferred; and
(c)the number of shares being transferred; and
(d)the date of the share transfer; and
(e)any other prescribed details.
(3)A failure to give notice under subsection (1) to all members appearing in the register of members does not affect any transfer of shares if a reasonable attempt to give that notice has been made.
13BInspection of register of members
A Trust or other person or body responsible for maintaining the register of members for the Trust must ensure that the register is available for inspection within 14 days after receiving a written request to inspect the register from—
(a)a member of that Trust; or
(b)the Minister.".
5Restriction on transfer of shares
(1)In section 14(2)(d) of the Aboriginal Lands Act 1970, for "the Trust" substitute "the member".
(2)In section 14(2) of the Aboriginal Lands Act 1970—
(a)for "his or her" substitute "the member's";
(b)in paragraph (d)(i), for "husband or wife" substitute "spouse or domestic partner";
(c)in paragraph (d)(i), for "brother, sister" substitute "sibling";
(d)in paragraph (d)(ii) and (iii), for "brother or sister" substitute "sibling".
Division 2—General meetings
6General meetings
(1)In section 22(3) of the Aboriginal Lands Act 1970, for "not infants" substitute "18 years of age or over".
(2)In section 22(4) of the Aboriginal Lands Act 1970—
(a)for "(not being an infant)" substitute "who is 18 years of age or over and";
(b)for "his or her" substitute "the member's".
(3)After section 22(4) of the Aboriginal Lands Act 1970 insert—
"(4A)The notice of any general meeting must—
(a)specify the time, date and location of the meeting; and
(b)indicate the general nature of each item of business to be considered at the meeting; and
(c)include a list of all members who appear in the register of members on the date on which the meeting is called; and
(d)include any other information that the committee of management considers necessary.".
(4)In section 22(5) of the Aboriginal Lands Act 1970, for "his or her" substitute "the member's".
(5)In section 22(7) of the Aboriginal Lands Act 1970, after "any time" insert ", but must hold at least one general meeting in each year in addition to the annual general meeting".
(6)After section 22(7) of the Aboriginal Lands Act 1970 insert—
"(7A)An additional general meeting that is required to be held under subsection (7) must not be held—
(a)within 2 months before the annual general meeting of the Trust; or
(b)within 2 months after that annual general meeting.".
7New section 22A inserted
After section 22 of the Aboriginal Lands Act 1970 insert—
"22A Exemption from or extension for requirement to hold general meeting
(1)If holding a general meeting would be unreasonable in the circumstances, a Trust may apply to the Minister for an exemption from, or an extension of time to comply with—
(a)the requirement under section 22(7) to hold an additional general meeting; or
(b)the requirement under section 22(8) to hold an annual general meeting within 6 months after the end of a financial year.
(2)The Minister, if satisfied that it is appropriate in the circumstances to do so, may—
(a)subject to subsections (3) and (4), exempt the Trust from section 22(7) or (8) (as the case requires); or
(b)extend the time period for complying with section 22(7) or (8) (as the case requires).
(3)The Minister must refuse an application for an exemption from the requirement to hold an additional general meeting if—
(a)the Trust has already been exempted from the requirement to hold an annual general meeting in that year; or
(b)the Trust was exempted from the requirement to hold an additional general meeting or annual general meeting in the previous year.
(4)The Minister must refuse an application for an exemption from the requirement to hold an annual general meeting if—
(a)the Trust has already been exempted from the requirement to hold an additional general meeting in that year; or
(b)the Trust was exempted from the requirement to hold an additional general meeting or annual general meeting in the previous year.
(5)An exemption or extension under subsection (2) must—
(a)be in writing; and
(b)specify the period for which the exemption or extension applies, which must not exceed 12 months.".
8Procedure at general meetings
(1)After section 23(4) of the Aboriginal Lands Act 1970 insert—
"(4A)If a quorum under subsection (4) cannot be reached or maintained for a general meeting, the Chairperson of the Trust may adjourn the meeting to a time and date to be fixed, being within 2 to 6 weeks of the original date of the meeting.
(4B)If the Chairperson considers that a quorum is unlikely to be reached or maintained for a general meeting adjourned under subsection (4A), the Chairperson may apply to the Minister for an exemption from the quorum requirement so that a reduced quorum can be formed.
(4C)An application under subsection (4B) must—
(a)be in writing; and
(b)be made to the Minister no later than 14 days after the date of the adjourned meeting; and
(c)specify the proposed number of persons to form the reduced quorum; and
(d)specify the period for which the reduced quorum is intended to apply, which must not exceed 6 weeks.
(4D)The Minister, in the Minister's complete discretion, may exempt a Trust from the quorum requirement in subsection (4) if satisfied that it is appropriate in the circumstances to do so.
(4E)An exemption under subsection (4D) must—
(a)be in writing; and
(b)specify the number of persons to form a reduced quorum; and
(c)specify the period for which the reduced quorum applies, which must not exceed 6 weeks.
(4F)If a general meeting is held to which a reduced quorum applies, a resolution in relation to the leasing or disposal of land must not be made at that meeting.".
(2)In section 23(5)(a) of the Aboriginal Lands Act 1970, for "an infant member" substitute "a member who is a child".
(3)In section 23(5)(b) of the Aboriginal Lands Act 1970, for "his or her" (where twice occurring) substitute "the member's".
9New section 23AA inserted
After section 23 of the Aboriginal Lands Act 1970 insert—
"23AA Minutes of general meeting
(1)A Trust must ensure that minutes of each general meeting of the Trust are kept which record—
(a)the persons who attended the meeting; and
(b)the business considered at the meeting; and
(c)any resolution on which a vote was taken and the result of the vote; and
(d)any other prescribed matters.
(2)A Trust must ensure that the minutes of a general meeting are made available to a member of the Trust or the Minister within 14 days after receiving a written request to do so from the member or the Minister.".
10Offences
After section 25(2)(c) of the Aboriginal Lands Act 1970 insert—
"(ca)failing to hold an additional general meeting in any year as required under section 22(7) without an exemption under section 22A;".
Division 3—Committee of management
11Committee of management
(1)For section 15(2) of the Aboriginal Lands Act 1970 substitute—
"(2)The members of a Trust must elect a person to fill any casual vacancy in the committee of management at the next general meeting after the casual vacancy arises.
(2A)If a vacancy arises in a committee of management that results in the committee having less than 4 members, a general meeting must be held within 28 days after the vacancy arises to elect persons to fill any vacancies in that committee.".
(2)In section 15(3) of the Aboriginal Lands Act 1970—
(a)for "Any" substitute "Subject to section 15A, any";
(b)for "his or her" substitute "the person's";
(c)for "he or she" substitute "that the person".
(3)In section 15(5) of the Aboriginal Lands Act 1970—
(a)for "he or she" (where first occurring) substitute "the person";
(b)omit ", but a member of a committee of management shall not vote or take part in any discussion on any matter affecting any contract in which he or she may be interested (other than a contract of service)".
(4)After section 15(5) of the Aboriginal Lands Act 1970 insert—
"(5A)A member of a committee of management who has a material personal interest (whether pecuniary or otherwise) in a matter that is for deliberation at a general meeting or a meeting of the committee must declare that interest to the committee, unless—
(a)the interest arises because the member is also a member of the Trust, and the interest is held in common with other members of the Trust; or
(b)the member has previously declared that interest to the committee, and the nature or extent of the interest has not materially increased since that declaration.
(5B)A declaration under subsection (5A) must—
(a)be made as soon as practicable after the member becomes aware of the interest, and no later than the next general meeting or the next meeting of the committee of management (whichever occurs first); and
(b)include details of—
(i)the nature and extent of the interest; and
(ii)the relation of the interest to the affairs of the Trust; and
(c)be recorded—
(i)in the minutes of the meeting at which the person makes the declaration; and
(ii)if the matter to which the declaration relates is deliberated at a subsequent meeting, in the minutes of that subsequent meeting.
(5C)A member of a committee of management must not vote or take part in any deliberations at a general meeting or a meeting of the committee on any matter in which the member has a material personal interest (whether pecuniary or otherwise), unless—
(a)the member has declared the interest to the committee of management; and
(b)all other members of the committee of management agree that the member may vote or take part in deliberations on the matter.".
(5)In section 15(6)(a) of the Aboriginal Lands Act 1970, after "acting;" insert "or".
(6)In section 15(6)(b) of the Aboriginal Lands Act 1970, after "bankrupt;" insert "or".
(7)After section 15(6)(c) of the Aboriginal Lands Act 1970 insert—
"(ca)is disqualified in accordance with subsection (6A); or
(cb)is disqualified from managing a corporation under Part 2D.6 of the Corporations Act; or".
(8)After section 15(6) of the Aboriginal Lands Act 1970 insert—
"(6A)A person is disqualified from being a member of a committee of management if the person is convicted or found guilty of an offence that involves dishonesty and is punishable by imprisonment for at least 3 months during a period of 5 years from the later of—
(a)that conviction or finding of guilt; or
(b)the end of a term of imprisonment served by the person for that offence.".
(9)In section 15(9)(a) of the Aboriginal Lands Act 1970—
(a)for "Chairman" substitute "Chairperson";
(b)for "he" substitute "the Chairperson".
(10)In section 15(11) of the Aboriginal Lands Act 1970 for "Three" substitute "Four".
(11)In section 15(13) of the Aboriginal Lands Act 1970—
(a)for "he or she" substitute "the Chairperson";
(b)for "his or her" substitute "the Chairperson's".
12New section 15A inserted
After section 15 of the Aboriginal Lands Act 1970 insert—
"15A Staggered terms for committee of management members
(1)If a Trust wishes to reintroduce staggered terms for members of a committee of management under section 15, the Trust may request the Minister to approve the reintroduction of staggered terms by submitting a written request to the Minister at least 60 days before an annual general meeting.
(2)The Minister, in the Minister's complete discretion, may approve the reintroduction of staggered terms for members of a committee of management at the next annual general meeting if satisfied that it is appropriate in the circumstances to do so.
(3)If the Minister approves the reintroduction of staggered terms, at the next annual general meeting—
(a)all members of the committee of management who hold office immediately before that meeting cease to hold that office; and
(b)the following must be elected to form the committee of management—
(i)2 persons are to be elected for 2 years;
(ii)2 persons are to be elected for 3 years;
(iii)3 persons are to be elected for 4 years.
(4)If a committee of management is formed in accordance with subsection (3)—
(a)a person who is elected to fill a vacancy arising from the expiry of a member's term of office holds office for 3 years; and
(b)a person who is elected to fill a vacancy that arises for any other reason holds office for the balance of the term of office of the member that the person replaces.".
Division 4—Compliance exemption or extension
13New section 24F inserted
After section 24E of the Aboriginal Lands Act 1970 insert—
"Compliance exemption or extension
24FMinister may exempt from compliance or extend time for compliance with certain Act requirements
(1)A Trust may apply to the Minister for an exemption from, or an extension of time to comply with, any of the following—
(a)a requirement under section 18C to lay any document referred to in that section before the annual general meeting of the Trust;
(b)a requirement under section 21A relating to the preparation or submission of a draft strategic plan;
(c)a requirement under section 23S to give the Minister any document referred to in that section;
(d)a requirement under section 23T to give the Minister any information or document referred to in that section.
(2)An application under subsection (1) must—
(a)be in writing; and
(b)identify the provision in relation to which the Trust is seeking an exemption or extension; and
(c)specify whether an exemption or extension is sought; and
(d)outline the reason for the exemption or extension; and
(e)specify the period for which the exemption or extension is sought, which must not exceed 12 months.
(3)The Minister, in the Minister's complete discretion and if satisfied that it is appropriate in the circumstances to do so, by written notice may—
(a)exempt the Trust from a provision of this Act; or
(b)extend the time period for the Trust to comply with a provision of this Act.
(4)A written notice of an exemption or extension under subsection (3) must specify the period for which the exemption or extension applies, which must not exceed 12 months.
(5)If a Trust receives an exemption or an extension under this section, the Trust must not apply for another exemption or extension within 12 months of that first exemption or extension.".
Division 5—Reports and strategic plan
14Powers of Trusts
Section 11(1)(ha) of the Aboriginal Lands Act 1970 is repealed.
15Sections 18D and 18E repealed
(1)Section 18D of the Aboriginal Lands Act 1970 is repealed.
(2)Section 18E of the Aboriginal Lands Act 1970 is repealed.
16New sections 21A and 21B inserted
After section 21 of the Aboriginal Lands Act 1970 insert—
"21A Preparation of draft strategic plan
(1)A Trust must prepare a draft strategic plan for a period of 3 years that contains the following—
(a)a vision statement;
(b)a mission statement;
(c)a statement of values;
(d)objectives to be met while the strategic plan is in effect;
(e)details of any strategic initiatives that will enable the Trust to meet the objectives referred to in paragraph (d);
(f)any other prescribed details.
(2)A Trust must submit to the Minister for approval—
(a)its first draft strategic plan within 6 months after this section comes into operation; and
(b)a new draft strategic plan every 3 years after the date on which the previous strategic plan is approved.
21BApproval of strategic plan
(1)If the Minister is satisfied that a draft strategic plan submitted to the Minister contains the matters referred to in section 21A(1), the Minister may approve the strategic plan—
(a)as submitted to the Minister with no amendments; or
(b)subject to any amendments required by the Minister.
(2)The Minister must give written notification of the approval of a strategic plan to the Trust, including any amendments required to that plan.
(3)A Trust must adopt and implement the approved strategic plan in accordance with that approval.".
17Trust must give Minister certain reports
(1)For section 23S(2) of the Aboriginal Lands Act 1970 substitute—
"(2)A Trust must give the Minister a copy of the register of members for that Trust—
(a)as at the date of each annual general meeting, within 14 days after that annual general meeting; and
(b)at any time when requested to do so by the Minister.".
(2)Section 23S(3) of the Aboriginal Lands Act 1970 is repealed.
18Minister to keep records
(1)For section 24AA(1)(d) of the Aboriginal Lands Act 1970 substitute—
"(d)a copy of the strategic plan;".
(2)Section 24AA(1)(e) of the Aboriginal Lands Act 1970 is repealed.
Division 6—Independent auditor and investigation
19New sections 23AAB, 23AAC, 23AAD and 23AAE inserted
Before section 23A of the Aboriginal Lands Act 1970 insert—
"23AAB Appointment of independent auditor
The Minister may appoint an independent auditor for a specified period to investigate whether a Trust is, or has been—
(a)in contravention of this Act; or
(b)in contravention of any other Act or law in relation to the management of the Trust; or
(c)in a circumstance which may constitute a basis for the appointment of an Administrator.
23AACIndependent investigation and report to Minister
(1)For the purpose of conducting an independent investigation, an independent auditor may—
(a)examine any accounts, minutes or other records kept by the Trust; and
(b)require the Trust to provide any information or document to the independent auditor.
(2)Subject to any privilege in law or any secrecy provision in any Act, the Trust must comply with a requirement under subsection (1).
(3)The independent auditor must report to the Minister on the findings of the independent investigation and provide recommendations as appropriate.
(4)A report under subsection (3) must not include—
(a)any information that the independent auditor considers would prejudice any criminal proceeding or criminal investigation; or
(b)a finding or an opinion that a specified person is guilty of or has committed, is committing or is about to commit an offence; or
(c)a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for an offence.
23AADProtection from liability
(1)An independent auditor is not personally liable for anything done or omitted to be done in good faith—
(a)in the exercise of a power or the performance of a function under this Act; or
(b)in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under this Act.
(2)Any liability resulting from an act or omission that, but for subsection (1), would attach to the independent auditor attaches instead to the State.
23AAEOffence to hinder or obstruct independent auditor
A person must not intentionally or recklessly obstruct or hinder an independent auditor in the performance of the auditor's functions or the exercise of the auditor's powers under this Act.
Penalty:30 penalty units.".
Division 7—Related entities
20Powers of Trusts
(1)In section 11(1)(b) of the Aboriginal Lands Act 1970 for "business" substitute "business, including".
(2)After section 11(1)(b) of the Aboriginal Lands Act 1970 insert—
"(ba)establish, acquire, operate or manage a related entity being either—
(i)an Aboriginal and Torres Strait Islander corporation within the meaning of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth; or
(ii)a company within the meaning of the Corporations Act;".
21Accounts
At the end of section 18 of the Aboriginal Lands Act 1970 insert—
"(2)If a Trust establishes, acquires, operates or manages a related entity under section 11(1)(ba), the Trust must include all relevant accounts and records in relation to the operations of the related entity in the Trust's accounts kept under this section.".
22Financial reports
(1)In section 18A(2) of the Aboriginal Lands Act 1970, after "Trust" insert "and any related entity of the Trust".
(2)In section 18A(3) of the Aboriginal Lands Act 1970, after "Trust" insert "and any related entity of the Trust".
(3)After section 18A(4) of the Aboriginal Lands Act 1970 insert—
"(5)In this section—
related entity means an entity established, acquired, operated or managed by a Trust under section 11(1)(ba).".
Division 8—Administration
23Appointment of new Administrator in certain cases
(1)In section 23D(1) of the Aboriginal Lands Act 1970, after "another Administrator" insert "(whether a person or a board)".
(2)Section 23D(4) of the Aboriginal Lands Act 1970 is repealed.
24Administrator to establish advisory committee
(1)In section 23G(1) of the Aboriginal Lands Act 1970, for "The" substitute "Subject to subsection (1A), the".
(2)After section 23G(1) of the Aboriginal Lands Act 1970 insert—
"(1A)If the Minister has appointed a board of persons as the Administrator, the Minister may exempt the Administrator from establishing and consulting with an advisory committee if—
(a)at least 5 members of the board are residents or members of the Trust; and
(b)at least 2 members of the board were members of the committee of management of the Trust immediately before the appointment of the Administrator.".
25Constitution of board
In section 23M(1) of the Aboriginal Lands Act 1970, for "up to 7 persons" substitute "at least 7 persons, but no more than 11 persons,".
26Meetings of a board
For section 23O(1) of the Aboriginal Lands Act 1970 substitute—
"(1)The quorum for a meeting of a board that consists of 7 or 8 persons is 3 members of the board, of whom—
(a)at least one member must be appointed in accordance with section 23M(1)(a); and
(b)at least one member must be appointed in accordance with section 23M(1)(b).
(1A)The quorum for a meeting of a board that consists of 9 or 10 persons is 4 members of the board, of whom—
(a)at least one member must be appointed in accordance with section 23M(1)(a); and
(b)at least one member must be appointed in accordance with section 23M(1)(b).
(1B)The quorum for a meeting of a board that consists of 11 persons is 5 members of the board, of whom—
(a)at least one member must be appointed in accordance with section 23M(1)(a); and
(b)at least one member must be appointed in accordance with section 23M(1)(b).".
Division 9—Other amendments
27Definitions
(1)In section 2 of the Aboriginal Lands Act 1970 insert the following definitions—
"Aboriginal person means a person belonging to the indigenous peoples of Australia;
child means a person who is under 18 years of age;
domestic partner of a person means—
(a)a person who is in a registered relationship with the person; or
(b)an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—
(i)for fee or reward; or
(ii)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
independent auditor means a person appointed under section 23AAB;
independent investigation means an investigation conducted under section 23AAB;
instrument of transfer means an instrument of transfer under section 13;
personal representative has the same meaning as in section 5(1) of the Administration and Probate Act 1958;
register of members means a register established under section 12(6);
resident, in relation to the Framlingham reserve or the Lake Tyers reserve, means a person who—
(a)has maintained a permanent home on the reserve for a period of not less than 3 months; or
(b)having had a permanent home on the reserve, has temporarily left with the intention of returning to the reserve as the person's permanent home;
spouse of a person means a person to whom that person is married;
strategic plan means a plan approved under section 21B;".
(2)In section 2 of the Aboriginal Lands Act 1970, the definition of aborigine is repealed.
(3)At the end of section 2 of the Aboriginal Lands Act 1970 insert—
"(2)For the purposes of the definition of domestic partner in subsection (1)—
(a)registered relationship has the same meaning as in the Relationships Act 2008; and
(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and
(c)a person is not a domestic partner of another person only because they are co-tenants.".
28New sections 28, 29 and 30 inserted
After section 27 of the Aboriginal Lands Act 1970 insert—
"General
28Regulations
(1)The Governor in Council may make regulations for or with respect to the following—
(a)prescribing the form of an instrument of transfer;
(b)prescribing information or supporting documents to accompany an instrument of transfer;
(c)prescribing any other matter relating to the transfer of shares;
(d)generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2)The regulations may—
(a)be of general or limited application;
(b)differ according to differences in time, place or circumstance;
(c)confer a discretionary authority or impose a duty on a specified person or body or a specified class of person or body;
(d)leave any matter or thing to be from time to time determined, approved or dispensed with by a specified person or body or a specified class of person or body;
(e)provide in a specified case or class of case for the exemption of persons, bodies or things or a class of persons, bodies or things from any of the provisions of the regulations—
(i)whether unconditionally or on specified conditions; and
(ii)either wholly or to the extent specified in the regulations;
(f)require a matter in the regulations to be—
(i)in accordance with a specified standard or specified requirement; or
(ii)approved by or to the satisfaction of a specified person or body or a specified class of person or body; or
(iii)as specified in both subparagraphs (i) and (ii);
(g)apply, adopt or incorporate any matter contained in any document, whether—
(i)wholly or partially or as amended by the regulations; or
(ii)as formulated, issued, prescribed or published at a particular time or as in force from time to time.
29Review of operation of Act
(1)The Minister must cause a review of the operation of this Act to be undertaken every 5 years.
(2)The first review must be undertaken as soon as possible after the fifth anniversary of the day on which the Aboriginal Land Legislation Amendment Act 2024 receives the Royal Assent.
(3)The person who undertakes each review must give the Minister a written report of the review.
(4)The Minister must cause a copy of the report of a review to be tabled before each House of the Parliament within 12 months after the end of each 5 year period for the review.
Transitional matters
30Aboriginal Land Legislation Amendment Act 2024—constitution of board appointed as Administrator
(1)This section applies if a board of persons is acting as Administrator of a Trust on the commencement of Part 2 of the Aboriginal Land Legislation Amendment Act 2024.
(2)On and from the commencement of Part 2 of the Aboriginal Land Legislation Amendment Act 2024, the board is taken to be the same body as it was immediately before that commencement, despite the changes to the constitution or quorum of the board made by that Act, and no decision, matter or thing is to be affected because of those changes.
(3)The members of the board holding office immediately before the commencement of Part 2 of the Aboriginal Land Legislation Amendment Act 2024 continue to hold office as members after that commencement on the same terms and conditions on which they held office as members immediately before that commencement.".
29Registers of residents to be prepared
In section 3(1) of the Aboriginal Lands Act 1970, for "aborigines" substitute "Aboriginal persons".
30Statute law revision
(1)In section 4 of the Aboriginal Lands Act 1970, for "him" substitute "the Minister".
(2)In section 5(1) of the Aboriginal Lands Act 1970—
(a)for "him" substitute "the Minister";
(b)for "he" substitute "the Minister".
(3)In section 6 of the Aboriginal Lands Act 1970, for "him" substitute "the Minister".
(4)In section 12(2) of the Aboriginal Lands Act 1970—
(a)for "not being an infant" substitute "who are 18 years of age or over";
(b)for "Trust being an infant" substitute "Trust who are children".
(5)In section 23Q(2)(c) of the Aboriginal Lands Act 1970, for "his or her" substitute "their".
(6)In section 27(1) of the Aboriginal Lands Act 1970, for "himself or herself" substitute "the complainant".
PART 3—AMENDMENT OF ABORIGINAL LANDS ACT 1991
31Closure of roads
In section 4(2) of the Aboriginal Lands Act 1991, for "his or her" (where twice occurring) substitute "the person's".
32Grants to particular organisations
In section 6(5) of the Aboriginal Lands Act 1991, for "Each" substitute "Subject to section 7A, each".
33Sale not permitted
(1)Insert the following heading to section 7 of the Aboriginal Lands Act 1991—
"Restrictions on sale or disposal".
(2)In section 7 of the Aboriginal Lands Act 1991—
(a)for "An organisation to which land" substitute "The organisation to which the land shown hatched and cross-hatched on the plan in Schedule 2";
(b)for "section 6 or its" substitute "section 6(1) or any".
(3)At the end of section 7 of the Aboriginal Lands Act 1991 insert—
"(2)The organisation to which the land shown hatched and cross-hatched on the plan in Schedule 3 has been granted under section 6(2) or any successor-in-law may sell or otherwise dispose of its interest in fee simple in the land only to a traditional owner within the meaning of the Aboriginal Heritage Act 2006.
(3)The organisation to which the land shown hatched and cross-hatched on the plan in Schedule 4 has been granted under section 6(3) or any successor-in-law may sell or otherwise dispose of its interest in fee simple in the land only to a traditional owner within the meaning of the Aboriginal Heritage Act 2006.".
34New sections 7A and 7B inserted
After section 7 of the Aboriginal Lands Act 1991 insert—
"7A Restriction on land use ceases to apply to certain land—Aboriginal Land Legislation Amendment Act 2024
(1)On and from the commencement of Part 3 of the Aboriginal Land Legislation Amendment Act 2024, the condition referred to in section 6(5) to which the following grants are subject ceases to apply—
(a)the grant under section 6(2) of land shown hatched on the plan in Schedule 3;
(b)the grant under section 6(3) of land shown hatched and cross-hatched on the plan in Schedule 4.
(2)To avoid doubt, on and from the commencement of Part 3 of the Aboriginal Land Legislation Amendment Act 2024, the grant under section 6(1) of land shown hatched and cross-hatched on the plan in Schedule 2 continues to be subject to the condition referred to in section 6(5).
7BNative title not affected by the Aboriginal Land Legislation Amendment Act 2024
(1)The amendments made to this Act by Part 3 of the Aboriginal Land Legislation Amendment Act 2024 are not intended to affect native title rights and interests in the following land—
(a)the land shown hatched and cross‑hatched on the plan in Schedule 2;
(b)the land shown hatched on the plan in Schedule 3;
(c)the land shown hatched and cross‑hatched on the plan in Schedule 4.
(2)Subsection (1) does not apply in any case where native title rights and interests are affected or are authorised to be affected by or under the Native Title Act 1993 of the Commonwealth.
(3)In this section—
affect has the same meaning as in the Native Title Act 1993 of the Commonwealth;
native title rights and interests has the same meaning as in the Native Title Act 1993 of the Commonwealth.".
35Registrar of Titles to make necessary amendments
After section 8(1) of the Aboriginal Lands Act 1991 insert—
"(2)Without limiting subsection (1), the Registrar of Titles must make any recordings in or amendments to the Register kept under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Act as amended by the Aboriginal Land Legislation Amendment Act 2024.".
PART 4—REPEAL OF THIS ACT
36Repeal of this Act
This Act is repealed on 28 May 2026.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 29 May 2024
Legislative Council: 1 August 2024
The long title for the Bill for this Act was "A Bill for an Act to amend the Aboriginal Lands Act 1970 and the Aboriginal Lands Act 1991 and for other purposes."
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