Aboriginal Land Rights Act 1983 (NSW)
Government Sector Finance Legislation (Repeal and Amendment) Act 2018 No 70 (not commenced)
An Act to repeal the Aborigines Act 1969 and to make provisions with respect to the land rights of Aboriginal persons, including provisions for or with respect to the constitution of Aboriginal Land Councils, the vesting of land in those Councils, the acquisition of land by or for those Councils and the allocations of funds to and by those Councils; to amend certain other Acts; and to make provisions for certain other purposes.
WHEREAS—
(1) Land and waters in the State of New South Wales were traditionally owned and occupied by Aboriginal persons—
(2) Land and waters are of spiritual, social, cultural and economic importance to Aboriginal persons—
(3) It is fitting to acknowledge the importance land and waters have for Aboriginal persons and the need of Aboriginal persons for land and waters—
(4) It is accepted that as a result of past Government decisions the amount of land and waters set aside for Aboriginal persons has been progressively reduced without compensation—
This Act may be cited as the Aboriginal Land Rights Act 1983.
Sections 1 and 2 shall commence on the date of assent to this Act.
Except as provided by subsection (1), the several provisions of this Act shall commence on such day or days as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
The purposes of this Act are as follows—
(a) to provide land rights for Aboriginal persons in New South Wales,
(b) to provide for representative Aboriginal Land Councils in New South Wales,
(c) to vest land in those Councils,
(d) to provide for the acquisition of land, and the management of land and other assets and investments, by or for those Councils and the allocation of funds to and by those Councils,
(e) to provide for the provision of community benefit schemes by or on behalf of those Councils.
In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
An Aboriginal person’s name and other relevant information is entered in the Register of Aboriginal Owners.
(a) is a member of the Aboriginal race of Australia, and
(b) identifies as an Aboriginal person, and
(c) is accepted by the Aboriginal community as an Aboriginal person.
(a) funeral funds,
(b) residential accommodation,
(c) education and training,
(d) scholarships and other assistance for education and training,
(e) cultural activities,
(f) child care,
(g) aged care services.
(a) in relation to a Local Aboriginal Land Council, a Board member of the Council, or
(b) in relation to the New South Wales Aboriginal Land Council, a councillor.
(a) financial statements (including statements or lists of assets or liabilities),
(b) bank statements or other authorised deposit-taking institution statements,
(c) membership rolls,
(d) voting rolls,
(e) minutes of meetings,
(f) attendance lists of meetings,
(g) leases, contracts and other documents relating to arrangements to which an Aboriginal Land Council is a party.
(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person or of the person’s spouse or de facto partner,
(b) the spouse or de facto partner of the person or of a person referred to in paragraph (a).
(a) that is a fixed term agreement (within the meaning of the Residential Tenancies Act 2010) for a term of less than 3 years (including any option to renew the agreement) or is a periodic agreement (within the meaning of that Act), and
(b) where the only parties to the agreement are a Local Aboriginal Land Council and one or more natural persons.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
A reference in this Act to—
(a) a function includes a reference to a power, authority and duty, and
(b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
The Chairperson of an Aboriginal Land Council may be referred to as the Chairman or Chairwoman, as the case requires.
Notes included in this Act are explanatory notes and do not form part of this Act.
(Repealed)
(Repealed)
In this section, except in so far as the context or subject-matter otherwise indicates or requires—
(a) are able to be lawfully sold or leased, or are reserved or dedicated for any purpose, under the Crown Lands Consolidation Act 1913 or the Western Lands Act 1901,
(b) are not lawfully used or occupied,
(b1) do not comprise lands which, in the opinion of a Crown Lands Minister, are needed or are likely to be needed as residential lands,
(c) are not needed, nor likely to be needed, for an essential public purpose, and
(d) do not comprise lands that are the subject of an application for a determination of native title (other than a non-claimant application that is an unopposed application) that has been registered in accordance with the Commonwealth Native Title Act, and
(e) do not comprise lands that are the subject of an approved determination of native title (within the meaning of the Commonwealth Native Title Act) (other than an approved determination that no native title exists in the lands).
The New South Wales Aboriginal Land Council may make a claim for land on its own behalf or on behalf of one or more Local Aboriginal Land Councils.
One or more Local Aboriginal Land Councils may make a claim for land within its or their area or, with the approval of the Registrar, outside its or their area.
A claim under subsection (2) or (3)—
(a) shall be in writing and, if a form for making such a claim has been prescribed, shall be in or to the effect of that form,
(b) shall describe or specify the lands in respect of which it is made,
(b1) (Repealed)
(c) shall be lodged with the Registrar, who shall refer a copy thereof (together with a copy of any approval necessary under subsection (3)) to the Crown Lands Minister or, if there is more than one Crown Lands Minister, to each of them.
The Registrar may refuse to refer a claim, or part of a claim, to the Crown Lands Minister if the Registrar is satisfied that—
(a) the claim, or the part of the claim, relates to lands that are not vested in Her Majesty, or
(b) the claim, or the part of the claim, has been made in contravention of an undertaking given by the claimant in an Aboriginal Land Agreement recorded in the register of Aboriginal Land Agreements under section 36AA while such an undertaking remains in force.
Before refusing to refer a claim, or part of a claim, to the Crown Lands Minister, the Registrar must—
(a) inform the claimant, by notice in writing, of the Registrar’s intention to refuse to refer the claim, or the part of the claim, and the reasons for the refusal, and
(b) invite the claimant to provide further information supporting the claim, or part of the claim, within 28 days of the giving of the notice (or such greater period as may be specified in the notice), and
(c) consider any further information provided by the claimant within that period.
If the Registrar has not referred a claim, or any part of a claim, to the Crown Lands Minister within 60 days after the claim was lodged with the Registrar or by the end of the period within which the claimant has been invited to provide further information supporting the claim, the Registrar is taken to have refused to refer the claim, or the part of the claim, to the Crown Lands Minister.
An Aboriginal Land Council may appeal to the Court against a refusal to refer the claim, or any part of the claim, to the Crown Lands Minister.
The Court is to hear and determine any appeal made to it under subsection (4D) and may order that the claim, or any part of the claim, be referred to the Crown Lands Minister if the Registrar fails to satisfy the Court that—
(a) the claim, or the part of the claim, relates to lands that are not vested in Her Majesty, or
(b) the claim, or the part of the claim, has been made in contravention of an undertaking given by the claimant in an Aboriginal Land Agreement recorded in the register of Aboriginal Land Agreements under section 36AA while such an undertaking remains in force.
A Crown Lands Minister to whom a claim for lands (being lands which are, or, but for any restriction on their sale or lease, would be, able to be sold or leased under a provision of an Act administered by the Crown Lands Minister) has been referred under subsection (4) shall—
(a) if the Crown Lands Minister is satisfied that—
(i) the whole of the lands claimed is claimable Crown lands, or
(ii) part only of the lands claimed is claimable Crown lands,
grant the claim by transferring to the claimant Aboriginal Land Council (or, where the claim is made by the New South Wales Aboriginal Land Council, to a Local Aboriginal Land Council (if any) nominated by the New South Wales Aboriginal Land Council) the whole or that part of the lands claimed, as the case may be, or
(b) if the Crown Lands Minister is satisfied that—
(i) the whole of the lands claimed is not claimable Crown lands, or
(ii) part of the lands claimed is not claimable Crown lands,
refuse the claim or refuse the claim to the extent that it applies to that part, as the case may require.
The Crown Lands Minister to whom a claim for lands has been referred must not grant a claim under subsection (5) if the Crown Lands Minister is satisfied that the claimant has entered into an Aboriginal Land Agreement under section 36AA that includes an undertaking by the claimant not to lodge a claim in respect of the lands claimed or to withdraw such a claim.
An Aboriginal Land Council may appeal to the Court against a decision of the Crown Lands Minister under subsection (5AA).
The Court is to hear and determine any appeal made to it under subsection (5AB) and may order the Crown Lands Minister to determine the claim if the Crown Lands Minister fails to satisfy the Court that the claimant has entered into an Aboriginal Land Agreement under section 36AA that includes an undertaking by the claimant not to lodge a claim in respect of the lands claimed or to withdraw such a claim.
Where, under subsection (5), a Crown Lands Minister is not satisfied that the whole or part of the lands claimed is claimable Crown lands because the lands are needed, or likely to be needed, for an essential public purpose, but that the need for the lands for the public purpose would be met if the claim were to be granted in whole or in part subject to the imposition of a condition (whether by way of covenant or easement or in any other form) relating to the use of the lands, the Crown Lands Minister may, notwithstanding that subsection, where the condition is agreed to by the Aboriginal Land Council making the claim, grant the claim under that subsection subject to the imposition of the condition.
An Aboriginal Land Council may appeal to the Court against a refusal under subsection (5)(b) of a claim made by it.
The Court shall hear and determine any appeal made to it under subsection (6) in respect of any lands claimed and may, if the relevant Crown Lands Minister fails to satisfy the Court that the lands or a part thereof are not or is not claimable Crown lands, order that the lands or the part, as the case may be, be transferred to the claimant Aboriginal Land Council or, where the claim is made by the New South Wales Aboriginal Land Council, to a Local Aboriginal Land Council (if any) nominated by the New South Wales Aboriginal Land Council.
A certificate being—
(a) a certificate issued by a Crown Lands Minister stating that any land the subject of a claim under this section and specified in the certificate is needed or is likely to be needed as residential land, or
(b) a certificate issued by a Crown Lands Minister, after consultation with the Minister administering this Act, stating that any land the subject of a claim under this section and specified in the certificate is needed or likely to be needed for an essential public purpose,
shall be accepted as final and conclusive evidence of the matters set out in the certificate and shall not be called into question in any proceedings nor liable to appeal or review on any grounds whatever.
Except as provided by subsection (9A), any transfer of lands to an Aboriginal Land Council under this section shall be for an estate in fee simple but shall be subject to any native title rights and interests existing in relation to the lands immediately before the transfer.
Where the transfer of lands to an Aboriginal Land Council under this section is of land to which the Western Lands Act 1901 applies but which is not within an area determined by the Minister administering that Act as being the urban area of a city, town or village, the transfer shall be effected by the granting to the Council of a lease in perpetuity under that Act but shall be subject to any native title rights and interests existing in relation to the lands immediately before the transfer.
A lease referred to in subsection (9A)—
(a) may be granted without the necessity for the payment of any rent under the lease or may require the payment of a nominal rent, and
(b) notwithstanding the Western Lands Act 1901, shall not be cancelled unless the Minister administering that Act has consulted with the Minister administering this Act.
Land transferred under this section to 2 or more Aboriginal Land Councils may be transferred to those Councils as joint tenants or as tenants in common.
A transfer of lands pursuant to this section operates to revoke any dedication or reservation under the Crown Lands Consolidation Act 1913 to which the lands were subject immediately before the transfer.
Where, by reason of the existence of a forestry right (within the meaning of section 87A of the Conveyancing Act 1919) granted in respect of them or of an easement over them, any lands claimed under this section could not, but for this subsection, be regarded by a Crown Lands Minister as claimable Crown lands, the Crown Lands Minister may, for the purposes of this section, treat the lands as claimable Crown lands.
A transfer of lands pursuant to this section is subject to the following—
(a) any easements affecting the lands immediately before the transfer,
(b) any condition imposed under subsection (5A),
(c) any forestry right within the meaning of section 87A of the Conveyancing Act 1919, and any restriction on use or covenant imposed under Division 4 of Part 6 of that Act in connection with that forestry right, in force in respect of the lands immediately before the transfer.
Where the transfer of lands in accordance with this section would not, but for this subsection, be authorised by the Crown Lands Consolidation Act 1913 or the Western Lands Act 1901, the transfer of the lands in accordance with this section shall be deemed to have been authorised by whichever of those Acts the lands were subject to immediately before the transfer.
The New South Wales Aboriginal Land Council or a Local Aboriginal Land Council may request a Crown Lands Minister to supply or cause to be supplied to it such information in relation to the Crown land or dealings in Crown land as is specified in the request and the Crown Lands Minister shall, so far as is reasonably practicable, comply with that request.
Duty under the Duties Act 1997 is not payable in respect of a transfer of lands in accordance with this section.
The definition of
The provisions of this section are modified as follows in relation to its application to land vested in Property and Development NSW—
(a) subsection (4)(c) requires the Registrar to refer a copy of a claim in relation to the land to the Minister administering the Property and Development NSW Act 2006 in addition to the other Ministers referred to in that paragraph,
(b) a reference in subsection (5) to the Crown Lands Minister granting a claim by making a transfer referred to in that subsection is to be read as the Crown Lands Minister granting a claim and requiring Property and Development NSW to transfer the relevant land as referred to in that subsection,
(c) a reference in subsection (14) to a Crown Lands Minister is to be read as a reference to Property and Development NSW,
(d) a reference in subsection (14) to Crown land is a reference to land vested in Property and Development NSW that, immediately before it was vested in that Authority, was Crown land.
In accordance with a requirement by a Crown Lands Minister under subsection (5) (as modified by subsection (17)(b)), Property and Development NSW is to transfer land vested in it in relation to which a claim has been granted by that Minister, subject to the taking of any action required to implement a condition imposed under subsection (5A) on the grant of the claim.
In this section,
(a) the exchange, transfer or lease of land to an Aboriginal Land Council, or
(b) an undertaking by an Aboriginal Land Council not to lodge a claim, or to withdraw a claim, in relation to specified land.
An Aboriginal Land Council and the Crown Lands Minister may, at any time by notice in writing, commence negotiation, in good faith and in a manner agreed between the parties, for an Aboriginal Land Agreement whether or not a claim has been made under section 36 by the Council in relation to the land that is the subject of the proposed agreement.
The Aboriginal Land Council or the Crown Lands Minister may, with the approval of the other party, invite one or more other Aboriginal Land Councils, or any other person, to join the negotiations and enter into the Aboriginal Land Agreement.
An Aboriginal Land Council, the Crown Lands Minister or any other party may, at any time before the making of an Aboriginal Land Agreement, withdraw from negotiation for the agreement by notice in writing to the other party or parties.
Without limiting the matters that may be included in an Aboriginal Land Agreement, such an agreement may make provision for or with respect to the following—
(a) financial or other consideration,
(b) exchange, transfer or lease of land,
(c) conditions or restrictions on the use of any land to which the agreement relates,
(d) joint access to and management of land (including a lease of a type referred to in section 36A),
(e) undertakings by an Aboriginal Land Council or the Crown Lands Minister with regard to the lease, transfer, management or use of any land,
(f) the duration of the agreement,
(g) the resolution of disputes arising under the agreement.
The Crown Lands Minister may enter into an Aboriginal Land Agreement whether or not a claim has been made under section 36 in relation to any lands to which the agreement relates.
If a proposed Aboriginal Land Agreement provides for the transfer or lease of lands for which a Minister other than the Crown Lands Minister is responsible, the concurrence of that other Minister is required before the agreement is made.
The provisions of section 36(9)–(13), (15) and (17) apply (with necessary modifications) to the transfer of lands in accordance with an Aboriginal Land Agreement in the same way as those provisions apply to the transfer of lands under that section.
An Aboriginal Land Council or the Crown Lands Minister may, at any time during the negotiation for an Aboriginal Land Agreement, notify the other party, in writing, that the agreement must not make provision with respect to specified lands.
The Crown Lands Minister is, on the making of an Aboriginal Land Agreement, authorised to transfer or lease Crown lands the subject of the agreement in accordance with the agreement.
If an Aboriginal Land Agreement provides for termination or transfer of an interest in land, other than an interest of the Crown, the transfer or termination may only be effected with the approval of the holder of the interest.
The termination or transfer of an interest in land does not require the approval of the holder of the interest under subsection (11) if—
(a) the holder’s interest remains in force or is restored in substantially the same terms, or
(b) the Crown Lands Minister may, under any other Act or law, terminate or transfer the interest without the holder’s approval.
The Registrar is to keep and maintain a register in relation to Aboriginal Land Agreements made under this section.
The register required to be kept under this section is, subject to the regulations, to include such information and to be in such form as is determined by the Registrar.
The provisions of the Crown Lands Act 1989 that provide for the transfer of Crown lands do not apply in respect of the transfer of land carried out in accordance with an Aboriginal Land Agreement.
In this section—
(a) a legal or equitable interest in the land, or
(b) an easement, right, charge, power or privilege over, or in connection with, the land.
This section applies in relation to lands that—
(a) are the subject of a claim by one or more Aboriginal Land Councils under section 36, and
(b) the Crown Lands Minister is satisfied would be claimable Crown lands except for the fact that the lands are needed, or likely to be needed, for the essential public purpose of nature conservation.
If the Aboriginal Land Council or Councils making the claim agree to the imposition of the conditions that, before the grant of a claim to lands to which this section applies, the Aboriginal Land Council or Councils—
(a) must negotiate a lease of the lands, that complies with the requirements of Part 4A of the NPW Act, with the Minister administering that Act, and
(b) must agree—
(i) to enter into a lease of the lands to the Minister administering the NPW Act in the terms negotiated in accordance with paragraph (a), and
(ii) to the simultaneous reservation or dedication of the lands under the NPW Act, and
(iii) to hold the lands as lands reserved or dedicated under the NPW Act, and
(iv) to comply with the requirements of the NPW Act and, in particular, the requirements of Part 4A of that Act in relation to the lands,
the Crown Lands Minister may, despite section 36(5)(b), grant a claim to lands to which this section applies.
Part 4A of the NPW Act deals with lands, reserved or dedicated under that Act, that are vested in an Aboriginal Land Council or Councils and are leased by that Council or those Councils to the Minister administering that Act.
The Crown Lands Minister must not grant a claim to lands to which this section applies unless the Minister administering the NPW Act—
(a) has agreed to the reservation or dedication of the lands under Division 4 of Part 4A of that Act, and
(b) has notified the Crown Lands Minister in writing that a lease, negotiated in pursuance of subsection (2) with the Aboriginal Land Council or Councils concerned, is acceptable to the Minister and has been executed in escrow by the proposed parties to it.
Division 4 of Part 4A of the NPW Act deals with the reservation or dedication and leasing under that Act of lands to which section 36A applies that have been granted by the Crown Lands Minister to an Aboriginal Land Council or Councils under this Act.
If a claim by one or more Aboriginal Land Councils relates partly to lands to which this section applies and partly to other lands, nothing in this section prevents the Crown Lands Minister from granting the claim—
(a) as to so much of the lands to which this section applies—subject to and in accordance with this section, and
(b) as to the balance of the lands—in accordance with the other provisions of this Part.
This section does not limit section 36 and the provisions of that section (in so far as they are applicable) apply to the lands to which this section applies, and to their transfer.
Parts 3 and 4 do not apply to lands to which this section applies on and from the date of their reservation or dedication under the NPW Act.
In this section,
Despite anything to the contrary in the Crown Lands Act 1989, if an Aboriginal Land Council has appealed to the Court against a refusal of a land claim made by it in relation to any land, the Crown Lands Minister must not, by any act or omission, cause anything to occur in relation to that land that would cause a claim (if any) lodged in relation to that land before the final determination of the appeal to be unsuccessful.
Subsection (1) does not prohibit the extension or continuance of an existing lawful use of the land to which the claim relates or anything done with the consent of the relevant Aboriginal Land Council.
If an Aboriginal Land Council has appealed to the Court against the refusal of a land claim or part of a land claim, a land claim may not be made in relation to the land the subject of the appeal until the final determination of the appeal.
Where a claim by an Aboriginal Land Council is lodged under section 36 in respect of land which is or is part of a travelling stock reserve within the meaning of the Local Land Services Act 2013 (not being a travelling stock reserve in the Western Division within the meaning of the Crown Lands Act 1989), the Registrar shall, in addition to complying with section 36(4)(c), refer a copy of the claim to Local Land Services.
This section has effect notwithstanding the provisions of the Local Land Services Act 2013 or Crown Lands Act 1989.
Subject to subsection (4), the Crown Lands Minister within the meaning of section 36 may, in respect of the land referred to in subsection (1), enter into an agreement with the claimant Aboriginal Land Council so referred to, so as to achieve the following purposes—
(a) the vesting of the freehold title to that land, subject to any existing easements, in the claimant Aboriginal Land Council,
(b) the leasing in perpetuity of that land to Her Majesty at a nominal rent,
(c) the preparation of a plan of management in respect of that land giving the claimant Aboriginal Land Council or Aboriginal persons defined rights, or conferring or imposing on the claimant Aboriginal Land Council or on Aboriginal persons defined functions, in respect of that land.
The Minister referred to in subsection (3) shall not enter into an agreement under that subsection in respect of land unless the Minister is satisfied that Aboriginal persons have traditional rights to the land or that Aboriginal persons have had a long association with the land.
The Minister referred to in subsection (3) shall not enter into an agreement under that subsection in respect of land which is or is part of a travelling stock reserve within the meaning of the Local Land Services Act 2013 without the approval of the Minister administering that Act.
For the purposes of giving effect to an agreement referred to in subsection (3)—
(a) the Minister so referred to may, by notification published in the Gazette, vest the freehold title to land, subject to any existing easements, in the claimant Aboriginal Land Council and that notification shall have effect according to its tenor, and
(b) the Minister so referred to and the claimant Aboriginal Land Council may execute any necessary instruments.
Subject to any plan of management prepared as referred to in subsection (3) in respect of the land, the vesting of the freehold title to any land in an Aboriginal Land Council, and the holding of the land under perpetual lease by Her Majesty, under this section shall not affect—
(a) the application of the provisions of the Local Land Services Act 2013, or regulations under that Act, to the land, or
(b) the status of the land for the purposes of any other law, other than a law relating to the registration of titles.
There shall be no appeal against, or review of, a decision of the Minister referred to in subsection (3) not to enter into an agreement under this section.
Duty under the Duties Act 1997 is not payable in respect of an agreement or other instrument executed for the purposes of this section.
The New South Wales Aboriginal Land Council or a Local Aboriginal Land Council may purchase, take on lease or hold any property or may acquire property by gift inter vivos, devise or bequest.
Despite subsection (1), a Local Aboriginal Land Council may purchase land only if—
(a) the purchase price for the land is not more than 15% above the market value of the land, as assessed by a qualified valuer who is appointed by the Local Aboriginal Land Council, or
(b) the New South Wales Aboriginal Land Council has given its written approval to that purchase, or
(c) the purchase is for nominal consideration.
The New South Wales Aboriginal Land Council or a Local Aboriginal Land Council may agree to the condition of any gift, devise or bequest to it, and the rule of law relating to perpetuities does not apply to any condition to which the Council has agreed under this section.
Property acquired by the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council subject to a condition to which the Council has agreed shall not be dealt with by the Council except in accordance with the condition.
(Repealed)
Nothing in this Act prevents the vesting of lands pursuant to Division 3 of Part 4A of the NPW Act in more than one Local Aboriginal Land Council as tenants in common.
Division 3 of Part 4A of the NPW Act deals, among other matters, with the vesting in an Aboriginal Land Council or Councils of lands, reserved or dedicated under that Act, that are of cultural significance to Aboriginals and that are listed in Schedule 14 to that Act.
Subject to the regulations, a reference in this section to a
(a) has membership of the Australian Valuers Institute (other than associate or student membership), or
(b) has membership of the Australian Property Institute (other than student or provisional membership), acquired in connection with his or her occupation as a valuer, or
(c) has membership of the Royal Institution of Chartered Surveyors as a chartered valuer, or
(d) is of a class prescribed by the regulations.
The Minister may, for the purposes of this Act, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
The Minister may do so only if the Minister is of the opinion that there are exceptional circumstances which warrant the acquisition of land for the purpose of satisfying the objectives of this Act.
If so required by the Minister, the New South Wales Aboriginal Land Council or the Local Aboriginal Land Council is to make provision to the satisfaction of the Minister for the payment of the purchase price or of compensation for compulsory acquisition (together with all necessary charges and expenses incidental to the acquisition).
The Minister may transfer land acquired under this section to an Aboriginal Land Council or other organisation or body established for the benefit of Aboriginal persons.
For the purposes of the Public Works Act 1912, an acquisition of land under this section is taken to be for an authorised work and the Minister is, in relation to that authorised work, taken to be the Constructing Authority.
Part 3 of the Public Works Act 1912 does not apply in respect of works constructed under this Act.
In this Division and Division 4A—
(a) sell, exchange, lease, mortgage, dispose of, or otherwise create or pass a legal or equitable interest in, land, or
(b) grant an easement or covenant over land or release an easement or covenant benefiting land, or
(c) enter into a biobanking agreement relating to land under the Threatened Species Conservation Act 1995 or a conservation agreement under the NPW Act, or
(d) enter into a wilderness protection agreement relating to land under the Wilderness Act 1987, or
(e) enter into a property vegetation plan under the Native Vegetation Act 2003, or
(f) subdivide or consolidate land so as to affect, or consent to a plan of subdivision or consolidation of land that affects, the interests of an Aboriginal Land Council in that land, or
(g) make a development application in relation to land, or
(h) any other action (including executing an instrument) relating to land that is prescribed by the regulations.
In this Act, a reference to land includes any estate or interest in land, whether legal or equitable (see section 4(1)).
(a) a development application within the meaning of the Environmental Planning and Assessment Act 1979, or
(b) an application for approval of a project under Part 3A of the Environmental Planning and Assessment Act 1979, or
(c) an application for approval of State significant infrastructure under Part 5.1 of the Environmental Planning and Assessment Act 1979.
(a) an instrument (other than a caveat or registration prohibition notice) giving effect to or forming part of a land dealing (within the meaning of this Division) that is registrable or capable of being made registrable under the Real Property Act 1900 or in respect of which a recording is required or permitted (under that or any other Act or Commonwealth Act) to be made in the Register maintained under that Act, or
(b) a plan that is required or permitted to be registered under Division 3 of Part 23 of the Conveyancing Act 1919 and that is or gives effect to or forms part of a land dealing (within the meaning of this Division), or
(c) an instrument (other than a registration prohibition notice) giving effect to or forming part of a land dealing (within the meaning of this Division) that is registrable or in respect of which a recording is required or permitted to be made in the General Register of Deeds.
For the purposes of this Division, land is
(a) the Council has a legal interest in the land, or
(a1) the land is the whole or part of land that is, pursuant to an Aboriginal Land Agreement under section 36AA, to be transferred to the Council, or
(b) the land is the whole or part of land the subject of a claim under section 36 and—
(i) the Crown Lands Minister is satisfied that the land is claimable Crown land under section 36, or
(ii) the Court has ordered under section 36(7) that the land be transferred to the Council,
and the land has not been transferred to the Council.
In this Division, an Aboriginal Land Council is taken to
For the purposes of this Division, land is of
(Repealed)
A
(a) for a land dealing relating to land vested in the New South Wales Aboriginal Land Council, is a certificate in the prescribed form signed by the Chief Executive Officer of the New South Wales Aboriginal Land Council that the dealing complies with section 42D, or
(b) for a land dealing relating to land vested in a Local Aboriginal Land Council, is a certificate in the prescribed form signed by the Chief Executive Officer of the New South Wales Aboriginal Land Council that the dealing has been approved by the New South Wales Aboriginal Land Council.
A
(a) the registration, under the Real Property Act 1900, of the instrument is authorised under this Act, or
(b) the registration, under Division 3 of Part 23 of the Conveyancing Act 1919, of the instrument is authorised under this Act, or
(c) the making of a recording in respect of the instrument in the Register or the General Register of Deeds is authorised under this Act.
A dealing approval certificate signed by the Chief Executive Officer of the New South Wales Aboriginal Land Council is conclusive evidence of the matters certified in the certificate in favour of any person.
Subsection (3) does not operate in favour of any person who had knowledge that any of the matters certified in the certificate was incorrect before the land dealing was completed (whether or not any subsequent registration was required or has taken place).
A dealing approval certificate must set out any conditions of the relevant approval.
An Aboriginal Land Council must not deal with land vested in it subject to native title rights and interests under section 36(9) or (9A) unless the land is the subject of an approved determination of native title (within the meaning of the Commonwealth Native Title Act).
This section does not apply to or in respect of—
(a) the lease of land by the New South Wales Aboriginal Land Council or one or more Local Aboriginal Land Councils to the Minister administering the NPW Act under Part 4A of that Act in accordance with a condition imposed under section 36A(2), or
(b) a transfer of land to another Aboriginal Land Council, or
(c) a lease of land referred to in section 37(3)(b).
An Aboriginal Land Council must not deal with land that is vested in it and that is reserved or dedicated under Part 4A of the NPW Act except in accordance with that Act.
This Division and Division 4A (other than sections 40, 42B and this section) do not apply to land referred to in subsection (1).
Despite anything in any Act, land vested in an Aboriginal Land Council must not be appropriated or resumed except by an Act of Parliament.
A land dealing by an Aboriginal Land Council in contravention of section 42D or 42E is void.
This Division is in addition to any requirements of or under any other Act in relation to a land dealing.
This section has effect despite any other Act or law.
The New South Wales Aboriginal Land Council must not deal with land vested in it unless—
(a) it has notified the Local Aboriginal Land Council (if any) for the area in which the land is situated in writing of the land affected and the type of proposed dealing, and
(b) it has considered any comments made by that Council within 28 days of that notice being given, and
(c) (Repealed)
(d) it has had regard to its community, land and business plan and any of its policies that are applicable, and
(e) if it is appropriate to do so in the circumstances, it has considered the cultural and heritage significance of the land to Aboriginal persons in determining whether to deal with the land, and
(f) the land dealing complies with a resolution of the New South Wales Aboriginal Land Council approving the dealing.
The Chief Executive Officer of the New South Wales Aboriginal Land Council must give a dealing approval certificate for a land dealing by the Council if the Chief Executive Officer is satisfied that the Council has complied with this Division in relation to the dealing.
The Chief Executive Officer of the New South Wales Aboriginal Land Council must give a registration approval certificate for an instrument if the Chief Executive Officer is satisfied that the instrument is a registrable instrument relating to a land dealing by the Council that complies with this Division.
This section does not apply to or in respect of the following land dealings by the New South Wales Aboriginal Land Council—
(a) a lease for a period of less than 3 years (including any option to renew the lease),
(b) a land dealing prescribed by the regulations for the purposes of this section.
A Local Aboriginal Land Council must not deal with land vested in it except in accordance with an approval of the New South Wales Aboriginal Land Council under section 42G.
However, the approval of the New South Wales Aboriginal Land Council is not required for the following land dealings by a Local Aboriginal Land Council—
(a) a land dealing in relation to a lease for a period of less than 3 years (including any option to renew the lease) or a short-term residential tenancy agreement, other than a social housing management lease,
(b) a land dealing prescribed by the regulations for the purposes of this section.
(Repealed)
An agreement to deal with land vested in a Local Aboriginal Land Council that is made by the Council is, if the land dealing is not approved by the New South Wales Aboriginal Land Council and an approval is required, unenforceable against the Local Aboriginal Land Council.
A person is not entitled to damages, or any other remedy, against a Local Aboriginal Land Council in respect of a warranty or other promise relating to an unenforceable agreement referred to in subsection (4).
In this section—
This section has effect despite any other Act or law.
Approval of a land dealing by a Local Aboriginal Land Council must be by resolution of the voting members (see section 52G(e)).
A Local Aboriginal Land Council may apply to the New South Wales Aboriginal Land Council for the approval of a land dealing relating to land vested in the Local Aboriginal Land Council.
An application by a Local Aboriginal Land Council to the New South Wales Aboriginal Land Council for approval of a dealing with land is—
(a) to be made in accordance with the regulations, and
(b) to contain the matters prescribed by the regulations, and
(c) to be accompanied by any application fee, and any documents, prescribed by the regulations.
An application may also be accompanied by such additional documents and other information as the Local Aboriginal Land Council thinks fit.
The New South Wales Aboriginal Land Council may require the Local Aboriginal Land Council to provide additional documents and other information in relation to an application.
Regulations may be made for or with respect to the following—
(a) the fees that may be charged by the New South Wales Aboriginal Land Council for assessing and determining applications for approval of land dealings,
(b) without limiting paragraph (a), the fees that may be charged by the New South Wales Aboriginal Land Council with respect to the costs of appointing an expert advisory panel to assess an application for approval of a land dealing,
(c) waiver of assessment fees,
(d) provision of securities in respect of the payment of assessment fees,
(e) notice by the New South Wales Aboriginal Land Council to applicants for approval of proposed assessment fees or security arrangements and other matters relating to determination of the application,
(f) the circumstances in which the New South Wales Aboriginal Land Council may refuse to assess or determine an application.
The New South Wales Aboriginal Land Council must (subject to subsection (2) and any requirements of the regulations), on an application for approval of a land dealing being made by a Local Aboriginal Land Council in accordance with this Act, approve (with or without conditions) the land dealing if the New South Wales Aboriginal Land Council is satisfied that—
(a) the application is in accordance with this Act, and
(b) the members of the Local Aboriginal Land Council have passed a resolution in accordance with subsection (5) and that the dealing is in accordance with that resolution.
The New South Wales Aboriginal Land Council may refuse to approve a land dealing if it considers that the dealing is, or is likely to be, contrary to the interests of the members of the Local Aboriginal Land Council or other Aboriginal persons within the area of that Council.
In considering whether a land dealing is contrary to any such interests, the New South Wales Aboriginal Land Council may consider (and is not limited to considering) the following—
(a) the community, land and business plan of the Local Aboriginal Land Council and whether, and to what extent, the land dealing is consistent with that plan,
(b) the terms of the land dealing and whether those terms are fair and equitable to the Local Aboriginal Land Council in all the circumstances,
(c) whether the Local Aboriginal Land Council, in passing the resolution, had proper regard to the cultural and heritage significance of the land to Aboriginal persons,
(d) any assessment of the application for approval of the land dealing by an expert advisory panel under this Division,
(e) whether it is likely that the proceeds of the land dealing will be managed and applied in the interests of the members of the Local Aboriginal Land Council or other Aboriginal persons within the area of the Council,
(f) any applicable policy of the New South Wales Aboriginal Land Council in relation to land dealings by Local Aboriginal Land Councils.
The New South Wales Aboriginal Land Council is not required to consider any additional information or other material provided by a person other than the Local Aboriginal Land Council in considering whether a land dealing is, or is likely to be, contrary to the interests of the members of the Local Aboriginal Land Council or other Aboriginal persons within the area of that Council.
A Local Aboriginal Land Council resolution approving a land dealing must—
(a) be passed at a meeting of which prior notice was given, in accordance with the regulations, and at which a quorum was present, and
(b) be passed by not less than 80 per cent of the voting members of the Council present at the meeting, and
(c) contain the following matters—
(i) the identity of the land,
(ii) a statement that the impact of the land dealing on the cultural and heritage significance of the land to Aboriginal persons has been considered in determining whether to approve the dealing,
(iii) the manner in which the land is to be dealt with,
(iv) any conditions to which the approval of the dealing is subject.
The New South Wales Aboriginal Land Council may only impose the following kinds of conditions on an approval of a land dealing—
(a) a condition that is to be satisfied before completion of the land dealing,
(b) a condition that requires the Local Aboriginal Land Council or one or more parties to the land dealing to enter into an agreement with the New South Wales Aboriginal Land Council as to specified matters to be carried out before or after the dealing is completed.
Section 119 enables conditions to be imposed on approvals and also enables approvals to be revoked.
Without limiting any other action that may be taken, failure by a Local Aboriginal Land Council to comply with a provision of a land dealing approval agreement is taken to be a breach by the Council of this Act.
An approval under this section may relate to one or more land dealings.
If the New South Wales Aboriginal Land Council refuses an application for approval of a land dealing, or approves a land dealing subject to conditions, it must give the Local Aboriginal Land Council concerned a written statement of the reasons for the decision within 28 days after a request by that Local Aboriginal Land Council for the statement.
The New South Wales Aboriginal Land Council may constitute expert advisory panels to assess applications for approval of land dealings by Local Aboriginal Land Councils.
An expert advisory panel is to be constituted in accordance with the regulations.
Regulations may be made for or with respect to the following—
(a) a register of persons eligible to be appointed to expert advisory panels,
(b) the addition of persons to, or removal of persons from, the register,
(c) qualifications for inclusion on the register,
(d) the appointment and removal of members of panels,
(e) the remuneration of members of panels,
(f) the circumstances in which an assessment by a panel is required or may be requested,
(g) reports by panels,
(h) regulating the assessment of matters by panels in respect of conflicts of interest and prohibiting persons from assessing matters if there is a conflict of interest or a pecuniary interest in a matter.
A Local Aboriginal Land Council for which a land dealing has been approved may make an application to the New South Wales Aboriginal Land Council for an amendment of the approval.
The New South Wales Aboriginal Land Council may—
(a) amend the approval, or
(b) refuse to amend the approval.
The New South Wales Aboriginal Land Council must not amend the approval if—
(a) the land dealing has been completed, or
(b) a registrable instrument has been registered in reliance on the approval.
The New South Wales Aboriginal Land Council must give the Local Aboriginal Land Council a written statement of the reasons for its decision in relation to the application if—
(a) the decision is to refuse to amend the approval, and
(b) the Local Aboriginal Land Council requests the written statement.
The written statement must be given within 28 days after the Local Aboriginal Land Council makes the request.
The regulations may make provision about the amendment of an approval, including—
(a) applications for amendments of approvals, and
(b) grounds for amendments of approvals, and
(c) fees for amendments of approvals.
In this section—
(a) imposing new conditions on the approval, or
(b) substituting a condition of the approval, or
(c) omitting or amending a condition of the approval.
The New South Wales Aboriginal Land Council must not revoke an approval of a land dealing if the land dealing has been completed or a registrable instrument has been registered in reliance on that approval.
This provision limits the power of the New South Wales Aboriginal Land Council to revoke an approval (see section 119(4)).
If an approval of a land dealing under this Division is revoked by the New South Wales Aboriginal Land Council, any dealing approval certificate or registration approval certificate relating to the land dealing ceases to have effect.
A Local Aboriginal Land Council must return any dealing approval certificate or registration approval certificate given to it that is revoked to the New South Wales Aboriginal Land Council within 14 days of notice of the revocation being given.
If the New South Wales Aboriginal Land Council approves a land dealing by a Local Aboriginal Land Council under this Division, the Chief Executive Officer of the New South Wales Aboriginal Land Council must give a dealing approval certificate for the land dealing to the Local Aboriginal Land Council within 14 days of approval being given.
The Chief Executive Officer of the New South Wales Aboriginal Land Council must give a registration approval certificate for an instrument relating to a land dealing by a Local Aboriginal Land Council if the Chief Executive Officer is satisfied as to the following—
(a) that the instrument is a registrable instrument giving effect to or forming part of a land dealing approved by the New South Wales Aboriginal Land Council under this Division,
(b) that any conditions of the approval by the New South Wales Aboriginal Land Council of the land dealing to which the instrument relates have been met,
(c) that any community development levy payable in respect of that land dealing has been paid.
The Chief Executive Officer may refuse to give a dealing approval certificate or a registration approval certificate under this section if any assessment fee payable in relation to the application for approval of the land dealing to which the certificate relates has not been paid or is not subject to arrangements for payment that are satisfactory to the New South Wales Aboriginal Land Council.
If the approval to which a dealing approval certificate relates is amended under section 42IA—
(a) the dealing approval certificate and the registration approval certificates, if any, relating to the approval cease to have effect, and
(b) the Local Aboriginal Land Council must, within 14 days after the amendment, return to the Chief Executive Officer of the New South Wales Aboriginal Land Council—
(i) the dealing approval certificate, and
(ii) if a registration approval certificate has been given for an instrument relating to the land dealing—each registration approval certificate, and
(c) the Chief Executive Officer must, within 14 days after the amendment, give to the Local Aboriginal Land Council a new dealing approval certificate for the land dealing to which the amended approval relates, and
(d) if the Chief Executive Officer is satisfied as to the matters referred to in subsection (2)(a)–(c) for an instrument to which the land dealing relates—the Chief Executive Officer must give to the Local Aboriginal Land Council a new registration approval certificate for the instrument.
For the purposes of any other Act or law, a dealing approval certificate for a land dealing by a Local Aboriginal Land Council land is taken to be a written consent by the New South Wales Aboriginal Land Council to the dealing.
Despite any other Act or law, the only person who has standing to bring proceedings—
(a) under the Land and Environment Court Act 1979, or
(b) for judicial review in any other court,
in relation to a decision to approve or not to approve of a land dealing, or an act or omission of the New South Wales Aboriginal Land Council in connection with any such decision, is the Local Aboriginal Land Council concerned.
This section does not confer any standing on a Local Aboriginal Land Council in respect of class 3 proceedings under the Land and Environment Court Act 1979 in connection with any such decision.
The Registrar-General must, if an Aboriginal Land Council is the registered proprietor of an estate in fee simple in land, make a recording in the Register to the following effect—
(a) that the land is subject to this Division,
(b) that a registrable instrument may not be registered, or a recording in respect of a registrable instrument may not be made, unless the Registrar-General is satisfied that a registration approval certificate has been obtained or is not required.
The Registrar-General must not register a registrable instrument in relation to land referred to in subsection (1) if the registered proprietor of the land is an Aboriginal Land Council, unless the registrable instrument is accompanied by—
(a) a registration approval certificate, or
(b) a statement signed by the Chief Executive Officer of the New South Wales Aboriginal Land Council that the instrument gives effect to or forms part of a land dealing for which a registration approval certificate is not required under this Division.
If the registered proprietor of land is an Aboriginal Land Council, an instrument or plan affecting the land that is accompanied by a registration approval certificate or the signed statement referred to above has on registration or recording all the protections afforded under the Real Property Act 1900.
Despite section 42 of the Real Property Act 1900 or any other Act, the registration of a registrable instrument, or the making of a recording, that is prohibited by this section has no effect and does not create or pass or otherwise affect any estate or interest in the land of any registered proprietor of the land, as otherwise recorded under the Real Property Act 1900.
In this section,
(a) register the instrument in the Register or under the Conveyancing Act 1919, or
(b) make a recording in the Register in respect of any such instrument, or
(c) register a plan under Division 3 of Part 23 of the Conveyancing Act 1919.
This section does not affect the operation of any other prohibition or restriction relating to transfers or other dealings with land under this or any other Act.
This section applies to a land dealing approval agreement if it imposes obligations as to the use, development or management of, or dealings with, land vested in, or formerly vested in, an Aboriginal Land Council.
A land dealing approval agreement may be registered under this section if the following persons agree to its registration—
(a) the New South Wales Aboriginal Land Council,
(b) if the agreement relates to land under the Real Property Act 1900, each person who is the registered proprietor of an estate or interest in the land,
(c) if the agreement relates to land not under the Real Property Act 1900, each person who is a party to the agreement.
On lodgment by an Aboriginal Land Council of an application for registration in a form approved by the Registrar-General, the Registrar-General is to register the land dealing approval agreement—
(a) by making an entry in the relevant folio of the Register if the agreement relates to land under the Real Property Act 1900, or
(b) by registering the agreement in the General Register of Deeds if the agreement relates to land not under the Real Property Act 1900.
A land dealing approval agreement that has been registered by the Registrar-General under this section is binding on, and is enforceable by and against, the successors in title to the owner who entered into the agreement and those successors in title are taken to have notice of the agreement.
The Registrar-General may, on the request in writing of the Chief Executive Officer of the New South Wales Aboriginal Land Council, cancel the registration of a land dealing approval agreement.
A reference in this section to a land dealing approval agreement includes a reference to any agreement amending a land dealing approval agreement.
In this section—
This section applies to land under the Real Property Act 1900 if—
(a) a land dealing approval agreement has been registered under section 42N, or
(b) a current registered proprietor of an estate or interest in the land is a party to a land dealing approval agreement in respect of the land.
The New South Wales Aboriginal Land Council may lodge with the Registrar-General a notice in writing prohibiting, except with the consent of that Council, the registration or recording of any dealing affecting an estate or interest in land to which this section applies (a
A registration prohibition notice is to be in the form approved by the Registrar-General and must contain the following—
(a) the name and address of the person who is the registered proprietor of an estate or interest in the land affected by the notice,
(b) if the registration notice relates only to part of the land described in a folio of the Register, a description of that part,
(c) a statement that the prohibition notice relates to the land (or part of the land) in respect of which a dealing approval agreement has been entered into under this Division.
On the lodgment of a registration prohibition notice, the Registrar-General must give notice in writing of the lodgment to any registered proprietor of an estate or interest in land affected by the notice, at the address specified in the notice.
Notice of lodgment is not required to be given to a registered proprietor under subsection (4) if the consent of the registered proprietor to the lodgment is endorsed on the registration prohibition notice.
The Registrar-General must, if satisfied that the notice complies with any requirements made in respect of it under this Division or the Real Property Act 1900, record in the Register such particulars of the notice as the Registrar-General thinks appropriate.
A caveat does not prevent the recording of a registration prohibition notice under this section.
A registration prohibition notice lodged under this section has effect when particulars of the notice are recorded in the Register under this section.
A registration prohibition notice may be withdrawn by the New South Wales Aboriginal Land Council, by notice in writing in the form approved by the Registrar-General and on payment of the fee (if any) prescribed by the regulations, and on being withdrawn, ceases to be in force.
The Registrar-General must not, except with the consent in writing of the New South Wales Aboriginal Land Council notified in writing by the Chief Executive Officer of the Council, record or register in the Register any dealing if it appears to the Registrar-General that the registration or recording of the dealing is prohibited by a registration prohibition notice that has effect under this Division.
The New South Wales Aboriginal Land Council must not refuse to give consent under this section if—
(a) the dealing or the registration or recording of the dealing is permitted by the applicable land dealing approval agreement, or
(b) the dealing or the registration or recording does not materially affect the performance or enforcement of that agreement.
The regulations may provide that a registration prohibition notice does not prevent the Registrar-General from registering or recording a dealing of a class prescribed by the regulations.
If in any legal proceedings a question arises as to the validity of a registration prohibition notice, the court is to disregard any failure to comply strictly with the requirements of this Division as to the form of the notice.
This section—
(a) has effect despite the Real Property Act 1900 or any other Act or law, and
(b) does not affect the operation of any other prohibition or restriction relating to transfers or other dealings with land.
Words and expressions used in this Division, and in any regulations made under this Division, have the same meaning as they have in the Duties Act 1997.
A Local Aboriginal Land Council is liable to pay the community development levy for any dutiable transaction to which the levy applies that occurs in relation to a dealing with land vested in the Council (whether or not the Council is liable to pay duty in respect of the transaction under the Duties Act 1997).
The community development levy applies to the following dutiable transactions—
(a) a transfer of land,
(b) an agreement for the sale or transfer of land,
(c) a declaration of trust over land,
(d) a lease of land in respect of which a premium is paid or agreed to be paid,
(e) any other transaction prescribed by the regulations.
Except as provided by subsection (4), the community development levy does not apply to the following dutiable transactions—
(a) except as provided by the regulations, transactions that are exempt from duty under the Duties Act 1997,
(b) transactions under a community benefit scheme providing home ownership for Aboriginal persons,
(c) transactions prescribed by the regulations.
The community development levy is payable in respect of a dutiable transaction even though duty is not chargeable on the transaction because of section 280 of the Duties Act 1997.
The regulations may provide that the community development levy is payable for other transactions in relation to dealings with land vested in a Local Aboriginal Land Council and may also provide for the amount of the levy for those transactions.
For the purposes of this Division, a dutiable transaction occurs when it is taken to occur for the purposes of the Duties Act 1997.
The community development levy is not payable in respect of a dutiable transaction between a Local Aboriginal Land Council and another Aboriginal Land Council.
The amount of the community development levy payable for a dutiable transaction is the prescribed percentage (if any) of the amount of duty in respect of the transaction calculated as if duty were chargeable on the transaction at the rate specified in section 32(1) of the Duties Act 1997.
In calculating the community development levy, any arrangement for the payment of the levy by a person other than the Local Aboriginal Land Council concerned is to be disregarded.
Amounts of community development levy collected by the Chief Commissioner of State Revenue are to be paid to the New South Wales Aboriginal Land Council by the Chief Commissioner as agreed between the Council and the Chief Commissioner.
The Taxation Administration Act 1996 (other than Part 4 of that Act), which includes provisions relating to the collection, payment and non-payment of tax, applies to the community development levy. The Chief Commissioner of State Revenue will be responsible for the collection of the community development levy.
The Chief Commissioner of State Revenue may retain from the community development levy collected by the Chief Commissioner amounts for payment of the Chief Commissioner’s costs in relation to the Chief Commissioner’s functions relating to the levy.
Any such costs are to be in accordance with an agreement between the Chief Commissioner of State Revenue and the New South Wales Aboriginal Land Council.
The New South Wales Aboriginal Land Council must pay to the New South Wales Aboriginal Land Council Community Fund established under section 149A amounts of community development levy received from the Chief Commissioner.
The New South Wales Aboriginal Land Council must also pay to that Fund an additional amount equal to the amount of community development levy paid by the Chief Commissioner of State Revenue to the Council under this section.
The additional amount payable by the New South Wales Aboriginal Land Council under subsection (5) must be paid not later than 28 days after receipt by the Council of a payment of levy under this section.
Amounts of community development levy are to be paid in accordance with this section, despite any provision of the Taxation Administration Act 1996.
This section applies to a dutiable transaction for which—
(a) a Local Aboriginal Land Council is liable to pay the community development levy, and
(b) an amount of community development levy has been paid to the New South Wales Aboriginal Land Council by the Chief Commissioner of State Revenue.
If the New South Wales Aboriginal Land Council is satisfied that the dutiable transaction has been cancelled, the New South Wales Aboriginal Land Council—
(a) must refund to the Local Aboriginal Land Council the amount of community development levy paid by the Chief Commissioner of State Revenue to the New South Wales Aboriginal Land Council for the dutiable transaction, and
(b) may recover from the New South Wales Aboriginal Land Council Community Fund the amount paid by the New South Wales Aboriginal Land Council to the Fund under section 42U(5) for the dutiable transaction.
No 48 | Regulatory Reform and Other Legislative Repeals Act 2015. Assented to 5.11.2015. Date of commencement of Sch 1, 1.3.2016, sec 2 (2) and 2015 (798) LW 18.12.2015. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 1.1 [1]–[8], 8.7.2016, sec 2 (1); date of commencement of Sch 1.1 [9], 1.7.2016, Sch 1.1. | |
No 55 | Statute Law (Miscellaneous Provisions) Act (No 2) 2016. Assented to 25.10.2016. Date of commencement of Sch 1.1, assent, Sch 1.1. | |
No 1 | Aboriginal Land Rights Amendment (Local Aboriginal Land Councils) Act 2017. Assented to 1.3.2017. Date of commencement, 3.4.2017, sec 2 and 2017 (113) LW 31.3.2017. | |
No 63 | Statute Law (Miscellaneous Provisions) Act (No 2) 2017. Assented to 23.11.2017. Date of commencement of Sch 5, 14 days after assent, sec 2 (1). | |
No 66 | Electoral Act 2017. Assented to 30.11.2017. Date of commencement, 1.7.2018, sec 2 and 2018 (302) LW 29.6.2018. | |
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 1.1, 14 days after assent, sec 2 (1). | |
No 33 | Criminal Legislation Amendment (Child Sexual Abuse) Act 2018. Assented to 27.6.2018. Date of commencement of Sch 5.1, 1.12.2018, sec 2 and 2018 (671) LW 30.11.2018. | |
(587) | Aboriginal Land Rights Amendment (Regions) Order 2019. LW 6.12.2019. Date of commencement, on publication on LW, cl 2. | |
No 68 | Aboriginal Land Rights Amendment Act 2022. Assented to 25.11.2022. Date of commencement, Sch 2.1[15]–[19] and [26] excepted, assent, sec 2(b); date of commencement of Sch 2.1[15]–[19] and [26], 11.12.2024, sec 2(a) and 2024 (612) LW 6.12.2024. | |
No 7 | Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. | |
No 35 | Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023. Date of commencement of Sch 4, assent, sec 2(c). | |
No 27 | Property NSW Amendment Act 2024. Assented to 31.5.2024. Date of commencement, assent, sec 2. | |
(370) | Aboriginal Land Rights Amendment (Regions) Order 2024. LW 16.8.2024. Date of commencement, on publication on LW, sec 2. |
No reference is made to certain amendments made by Schedule 3 (amendments replacing gender-specific language) to the Statute Law (Miscellaneous Provisions) Act (No 2) 1996 and the Statute Law (Miscellaneous Provisions) Act 1997.
Long title | Am 2014 No 75, Sch 1 [1]. |
Preamble | Am 2014 No 75, Sch 1 [2]; 2022 No 68, Sch 4.1[1]–[4]. |
Sec 3 | Rep 1986 No 18, Sch 1 (1). Ins 2001 No 118, Sch 1 [1]. Am 2006 No 111, Sch 1 [2] [3]. |
Sec 4 | Am 1986 No 18, Sch 1 (2); 1994 No 45, Sch 1; 1996 No 142, Sch 2 [1]; 2001 No 118, Sch 1 [2] [3]; 2006 No 111, Sch 1 [4]–[11]; 2008 No 23, Sch 3.1 [1] [2]; 2009 No 58, Sch 1 [1] [2]; 2010 No 19, Sch 3.1 [1]; 2010 No 59, Sch 1.1 [1]; 2011 No 56, Sch 1 [1]; 2013 No 95, Sch 1.1 [1]; 2014 No 75, Sch 1 [3]–[7]; 2022 No 68, Sch 3[1]. |
Part 2 (as originally enacted) | Rep 2001 No 118, Sch 1 [4]. |
Secs 5–8 | Rep 2001 No 118, Sch 1 [4]. |
Sec 9 | Am 1986 No 18, Sch 1 (3) (4). Rep 2001 No 118, Sch 1 [4]. |
Secs 10, 11 | Rep 2001 No 118, Sch 1 [4]. |
Sec 12 | Am 1986 No 18, Sch 1 (5). Subst 1990 No 60, Sch 3 (1). Am 1996 No 142, Sch 2 [2] [3]. Rep 2001 No 118, Sch 1 [4]. |
Sec 12A | Ins 1990 No 60, Sch 3 (2). Rep 2001 No 118, Sch 1 [4]. |
Sec 13 | Rep 2001 No 118, Sch 1 [4]. |
Part 3 (as originally enacted) | Rep 2001 No 118, Sch 1 [4]. |
Sec 14 | Rep 2001 No 118, Sch 1 [4]. |
Sec 15 | Am 1986 No 18, Sch 1 (6). Rep 2001 No 118, Sch 1 [4]. |
Sec 16 | Rep 2001 No 118, Sch 1 [4]. |
Sec 17 | Am 1986 No 18, Sch 1 (3) (7). Rep 2001 No 118, Sch 1 [4]. |
Sec 18 | Rep 2001 No 118, Sch 1 [4]. |
Sec 19 | Rep 1990 No 60, Sch 1 (1). |
Sec 20 | Am 1986 No 18, Sch 1 (8). Subst 1990 No 60, Sch 2 (1). Rep 2001 No 118, Sch 1 [4]. |
Sec 21 | Rep 2001 No 118, Sch 1 [4]. |
Part 4 (as originally enacted) | Rep 2001 No 118, Sch 1 [4]. |
Part 4, Div 1, heading (as originally enacted) | Ins 1990 No 60, Sch 1 (2). Rep 2001 No 118, Sch 1 [4]. |
Part 4, Div 1 (as originally enacted) | Rep 2001 No 118, Sch 1 [4]. |
Sec 22 | Am 1986 No 18, Sch 1 (9); 1990 No 60, Sch 1 (3). Rep 2001 No 118, Sch 1 [4]. |
Sec 23 | Subst 1990 No 60, Sch 1 (4). Am 1994 No 45, Sch 1; 1996 No 142, Sch 2 [4] [5]; 1998 No 88, Sch 2 [1]. Rep 2001 No 118, Sch 1 [4]. |
Sec 24 | Am 1986 No 18, Sch 1 (3) (10). Subst 1990 No 60, Sch 1 (4). Rep 2001 No 118, Sch 1 [4]. |
Part 4, Div 2, heading (as originally enacted) | Ins 1990 No 60, Sch 1 (4). Rep 2001 No 118, Sch 1 [4]. |
Part 4, Div 2 (as originally enacted) | Rep 2001 No 118, Sch 1 [4]. |
Sec 25 | Subst 1990 No 60, Sch 1 (4). Rep 2001 No 118, Sch 1 [4]. |
Sec 26 | Subst 1990 No 60, Sch 1 (4); 1995 No 39, Sch 1 (1). Rep 2001 No 118, Sch 1 [4]. |
Sec 27 | Subst 1990 No 60, Sch 1 (4). Rep 2001 No 118, Sch 1 [4]. |
Sec 27A | Ins 1990 No 60, Sch 1 (4). Rep 2001 No 118, Sch 1 [4]. |
Part 4, Divs 2A, 2B (secs 27AA–27AH) (as originally enacted) | Ins 1995 No 39, Sch 1 (2). Rep 2001 No 118, Sch 1 [4]. |
Part 4, Div 3 (secs 27B–27E) (as originally enacted) | Ins 1990 No 60, Sch 1 (4). Rep 2001 No 118, Sch 1 [4]. |
Part 5 (as originally enacted) | Rep 2001 No 118, Sch 1 [4]. |
Part 5, Div 1 (as originally enacted) | Rep 2001 No 118, Sch 1 [4]. |
Sec 28 | Rep 2001 No 118, Sch 1 [4]. |
Sec 29 | Am 1990 No 60, Sch 6 (1); 1996 No 24, Sch 1. Rep 2001 No 118, Sch 1 [4]. |
Sec 29A | Ins 1986 No 18, Sch 1 (11). Am 1990 No 60, Sch 6 (2). Rep 2001 No 118, Sch 1 [4]. |
Sec 30 | Am 1990 No 60, Sch 6 (3); 1996 No 24, Sch 1. Rep 2001 No 118, Sch 1 [4]. |
Sec 31 | Am 1990 No 60, Sch 6 (4); 1996 No 24, Sch 1. Rep 2001 No 118, Sch 1 [4]. |
Part 5, Div 2 | Subst 1990 No 60, Sch 6 (5). Rep 2001 No 118, Sch 1 [4]. |
Sec 32 | Subst 1990 No 60, Sch 6 (5). Rep 2001 No 118, Sch 1 [4]. |
Sec 33 | Am 1983 No 153, Sch 1. Subst 1990 No 60, Sch 6 (5). Rep 2001 No 118, Sch 1 [4]. |
Sec 33A | Ins 1986 No 18, Sch 1 (12). Expired, 2.5.1990. Revived and am 1990 No 32, sec 3. Rep 1990 No 60, Sch 6 (5). |
Secs 33B–33D | Ins 1986 No 18, Sch 1 (12). Rep 1990 No 60, Sch 6 (5). |
Sec 34 | Am 1983 No 153, Sch 1. Subst 1990 No 60, Sch 6 (5). Rep 2001 No 118, Sch 1 [4]. |
Secs 34A–34C | Ins 1990 No 60, Sch 6 (5). Rep 2001 No 118, Sch 1 [4]. |
Part 2 (previously Part 6) | Renumbered 2001 No 118, Sch 1 [5]. |
Part 2, Div 1 (sec 35) | Rep 2001 No 118, Sch 1 [6]. |
Sec 36 | Am 1986 No 18, Sch 1 (13); 1990 No 60, Sch 2 (2); 1994 No 45, Sch 1; 1998 No 88, Sch 2 [2] [3]; 2006 No 40, Sch 3.1; 2006 No 85, Sch 4 [1] [2]; 2006 No 111, Sch 1 [12] [13]; 2014 No 75, Sch 1 [8] [9]; 2022 No 68, Sch 1[1]; 2024 No 27, Sch 2.1[1] [2]. |
Sec 36AA | Ins 2014 No 75, Sch 1 [10]. Am 2018 No 25, Sch 1.1. |
Sec 36A | Ins 1996 No 142, Sch 2 [6]. Am 2001 No 118, Sch 1 [7]. |
Sec 36B | Ins 2014 No 75, Sch 1 [11]. |
Sec 37 | Am 1986 No 18, Sch 1 (14); 1998 No 143, Sch 6.1 [1]–[4]; 2006 No 111, Sch 1 [14]; 2013 No 51, Sch 7.1 [1] [2]; 2013 No 66, Sch 1 [1]. |
Sec 38 | Am 1990 No 60, Sch 2 (3); 1996 No 142, Sch 2 [7]; 2001 No 118, Sch 1 [8] [9]; 2003 No 4, Sch 1.1; 2013 No 66, Sch 1 [2] [3]; 2015 No 48, Sch 1.1 [1] [2]; 2022 No 68, Sch 1[2] [3]. |
Sec 39 | Subst 1992 No 57, Sch 2. Am 2013 No 66, Sch 1 [1]. |
Part 2, Div 4 | Subst 2009 No 58, Sch 1 [3]. |
Sec 40 | Am 1986 No 18, Sch 1 (15). Subst 1990 No 60, Sch 5. Am 2001 No 118, Sch 1 [10]. Subst 2009 No 58, Sch 1 [3]. Am 2011 No 22, Sch 2.1; 2013 No 66, Sch 1 [1]; 2014 No 75, Sch 1 [12]. |
Sec 40AA | Ins 1994 No 45, Sch 1. Am 1996 No 142, Sch 2 [8]. Rep 2009 No 58, Sch 1 [3]. |
Sec 40AB | Ins 1996 No 142, Sch 2 [9]. Rep 2009 No 58, Sch 1 [3]. |
Sec 40A | Ins 1990 No 60, Sch 5. Am 2006 No 111, Sch 1 [15]. Rep 2009 No 58, Sch 1 [3]. |
Sec 40B | Ins 1990 No 60, Sch 5. Am 2001 No 118, Sch 1 [11] [12]. Rep 2009 No 58, Sch 1 [3]. |
Sec 40C | Ins 1990 No 60, Sch 5. Am 2001 No 118, Sch 1 [13]. Rep 2009 No 58, Sch 1 [3]. |
Sec 40D | Ins 1990 No 60, Sch 5. Am 2001 No 118, Sch 1 [14]; 2006 No 111, Sch 1 [16]. Rep 2009 No 58, Sch 1 [3]. |
Secs 41, 42 | Subst 2009 No 58, Sch 1 [3]. |
Sec 42A | Ins 2006 No 111, Sch 1 [17]. Subst 2009 No 58, Sch 1 [3]. |
Secs 42B, 42C | Ins 2009 No 58, Sch 1 [3]. |
Sec 42D | Ins 2009 No 58, Sch 1 [3]. Am 2013 No 66, Sch 1 [1] [4]. |
Sec 42E | Ins 2009 No 58, Sch 1 [3]. Am 2011 No 56, Sch 1 [2]; 2013 No 66, Sch 1 [5]; 2014 No 75, Sch 1 [13]. |
Sec 42F | Ins 2009 No 58, Sch 1 [3]. |
Sec 42G | Ins 2009 No 58, Sch 1 [3]. Am 2013 No 66, Sch 1 [1]. |
Sec 42H | Ins 2009 No 58, Sch 1 [3]. |
Sec 42I | Ins 2009 No 58, Sch 1 [3]. |
Sec 42IA | Am 2022 No 68, Sch 1[4]. |
Sec 42J | Ins 2009 No 58, Sch 1 [3]. Am 2022 No 68, Sch 1[5]–[7]. |
Sec 42K | Ins 2009 No 58, Sch 1 [3]. Am 2022 No 68, Sch 1[8]. |
Sec 42L | Ins 2009 No 58, Sch 1 [3]. |
Sec 42M | Ins 2009 No 58, Sch 1 [3]. |
Sec 42N | Ins 2009 No 58, Sch 1 [3]. |
Sec 42O | Ins 2009 No 58, Sch 1 [3]. |
Sec 42P | Ins 2009 No 58, Sch 1 [3]. |
Part 2, Div 4A | Ins 2009 No 58, Sch 1 [3]. |
Secs 42Q–42S | Ins 2009 No 58, Sch 1 [3]. |
Sec 42T | Ins 2009 No 58, Sch 1 [3]. Subst 2013 No 66, Sch 1 [6]. |
Sec 42U | Ins 2009 No 58, Sch 1 [3]. |
Sec 42UA | Ins 2022 No 68, Sch 1[9]. |
Sec 42V | Ins 2009 No 58, Sch 1 [3]. |
Sec 42W | Ins 2009 No 58, Sch 1 [3]. Am 2013 No 66, Sch 1 [7]. |
Sec 42X | Ins 2009 No 58, Sch 1 [3]. |
Sec 43 | Am 1991 No 53, Sch 1; 1994 No 88, Sch 7; 1995 No 11, Sch 1. Subst 2001 No 118, Sch 1 [15]. |
Sec 44 | Am 1991 No 53, Sch 1; 1994 No 88, Sch 7; 1995 No 11, Sch 1; 2013 No 66, Sch 1 [8]. |
Sec 44A | Ins 1986 No 18, Sch 1 (16). Am 1990 No 60, Sch 6 (6). |
Part 3 (previously Part 7) | Renumbered 2001 No 118, Sch 1 [5]. |
Sec 45 | Am 1990 No 60, Sch 2 (4); 1992 No 29, Sch 5; 1996 No 137, Sch 2.1; 1999 No 42, Sch 3.1 [1]–[3]; 2012 No 16, Sch 5 [1]–[3]. |
Sec 46 | Subst 1990 No 60, Sch 6 (7). Am 1996 No 24, Sch 1. |
Part 4 (previously Part 8) | Renumbered 2001 No 118, Sch 1 [5]. |
Sec 47 | Am 2013 No 66, Sch 1 [1]. |
Sec 48 | Am 2001 No 118, Sch 1 [16]; 2013 No 66, Sch 1 [1]. |
Part 5 | Ins 2001 No 118, Sch 1 [17]. |
Part 5, Div 1 | Ins 2001 No 118, Sch 1 [17]. |
Sec 49 | Ins 2001 No 118, Sch 1 [17]. |
Sec 50 | Ins 2001 No 118, Sch 1 [17]. |
Sec 51 | Ins 2001 No 118, Sch 1 [17]. Subst 2022 No 68, Sch 4.1[5]. |
Part 5, Div 1A | Ins 2006 No 111, Sch 1 [18]. |
Sec 52 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [18]. Am 2009 No 58, Sch 1 [4]; 2014 No 75, Sch 1 [14]–[16]; 2017 No 1, Sch 1 [1]. |
Sec 52A | Ins 2006 No 111, Sch 1 [18]. Am 2014 No 75, Sch 1 [17]. |
Sec 52AA | Ins 2009 No 58, Sch 1 [5]. |
Sec 52B | Ins 2006 No 111, Sch 1 [18]. Am 2009 No 58, Sch 1 [6]. Rep 2014 No 75, Sch 1 [18]. |
Sec 52C | Ins 2006 No 111, Sch 1 [18]. Subst 2014 No 75, Sch 1 [19]. |
Sec 52D | Ins 2006 No 111, Sch 1 [18]. |
Sec 52E | Ins 2006 No 111, Sch 1 [18]. Am 2013 No 66, Sch 1 [9]. |
Sec 52F | Ins 2006 No 111, Sch 1 [18]. |
Sec 52G | Ins 2006 No 111, Sch 1 [18]. Am 2009 No 58, Sch 1 [7]; 2011 No 56, Sch 1 [3]; 2013 No 66, Sch 1 [10] [11]; 2014 No 75, Sch 1 [20] [21]; 2022 No 68, Sch 2.1[1]. |
Sec 52H | Ins 2006 No 111, Sch 1 [18]. |
Part 5, Div 2 | Ins 2001 No 118, Sch 1 [17]. |
Sec 53 | Ins 2001 No 118, Sch 1 [17]. |
Sec 54 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [19]–[22]. |
Sec 55 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [23]–[27]; 2016 No 55, Sch 1.1 [1]. |
Sec 56 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [28]–[33]. |
Sec 57 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [34]–[37]; 2014 No 75, Sch 1 [22]. |
Sec 57A | Ins 2014 No 75, Sch 1 [23]. |
Sec 58 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [38] [39]. |
Sec 59 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [40]. Am 2013 No 66, Sch 1 [12]. |
Sec 60 | Ins 2001 No 118, Sch 1 [17]. |
Part 5, Div 3 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [41]. |
Sec 61 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [41]. |
Sec 62 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [41]. Am 2011 No 56, Sch 1 [4]–[6]; 2013 No 66, Sch 1 [13]. |
Sec 63 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [41] (am 2007 No 27, Sch 1.2). Am 2013 No 66, Sch 1 [14] [15]; 2014 No 75, Sch 1 [24]; 2016 No 27, Sch 1.1 [1]; 2022 No 68, Sch 2.1[2]. |
Sec 63A | Ins 2022 No 68, Sch 2.1[3]. |
Sec 63B | Ins 2022 No 68, Sch 2.1[3]. |
Sec 64 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [41]. Am 2016 No 27, Sch 1.1 [2]; 2016 No 55, Sch 1.1 [2]. |
Sec 65 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [41]. Am 2013 No 66, Sch 1 [16] [17]; 2022 No 68, Sch 2.1[4]. |
Sec 66 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [41]. Am 2013 No 66, Sch 1 [18]–[20]; 2022 No 68, Sch 2.1[5]–[11]. |
Sec 66A | Ins 2022 No 68, Sch 2[12]. |
Sec 67 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [41]. Am 2016 No 55, Sch 1.1 [3]; 2022 No 68, Schs 2.1[13], 3[2]. |
Sec 68 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [41]. Am 2013 No 66, Sch 1 [21]. |
Sec 69 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [41]. Am 2013 No 95, Sch 2.1 [1] [2]. |
Sec 70 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [41]. Am 2013 No 66, Sch 1 [22]; 2013 No 95, Sch 2.1 [3]. |
Sec 71 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [41]. Am 2013 No 66, Sch 1 [22]; 2013 No 95, Sch 2.1 [1] [4]. |
Sec 72 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [41]. Am 2013 No 66, Sch 1 [23]; 2022 No 68, Sch 4.1[6]. |
Part 5, Div 4 (secs 73–77) | Ins 2001 No 118, Sch 1 [17]. Rep 2006 No 111, Sch 1 [41]. |
Part 5, Div 5 | Ins 2001 No 118, Sch 1 [17]. |
Sec 78 | Ins 2001 No 118, Sch 1 [17]. |
Sec 78A | Ins 2006 No 111, Sch 1 [42]. Am 2013 No 66, Sch 1 [24]; 2014 No 75, Sch 1 [25]. |
Sec 78B | Ins 2006 No 111, Sch 1 [42]. Am 2013 No 95, Sch 1.1 [2]; 2014 No 75, Sch 1 [26]. |
Sec 78C | Ins 2006 No 111, Sch 1 [42]. |
Sec 79 | Ins 2001 No 118, Sch 1 [17]. Am 2013 No 66, Sch 1 [25] [26]; 2014 No 75, Sch 1 [27]–[29]; 2016 No 27, Sch 1.1 [3]; 2018 No 33, Sch 5.1. |
Sec 79A | Ins 2006 No 111, Sch 1 [43]. Subst 2013 No 66, Sch 1 [27]. Am 2022 No 68, Sch 4.1[7] [8]. |
Secs 80, 81 | Ins 2001 No 118, Sch 1 [17]. |
Part 5, Div 6 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [44]. |
Sec 82 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [44]. Am 2014 No 75, Sch 1 [30]; 2022 No 68, Sch 1[10]. |
Sec 83 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [44]. Am 2009 No 58, Sch 1 [8]. Subst 2014 No 75, Sch 1 [31]. |
Sec 84 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [44]. Am 2014 No 75, Sch 1 [32]–[34]; 2015 No 15, Sch 1.1 [1]. |
Sec 85 | Ins 2001 No 118, Sch 1 [17]. Rep 2006 No 111, Sch 1 [45]. Ins 2006 No 111, Sch 1 [44]. Am 2014 No 75, Sch 1 [35]. |
Sec 86 | Ins 2001 No 118, Sch 1 [17]. Rep 2006 No 111, Sch 1 [45]. Ins 2006 No 111, Sch 1 [44]. |
Part 5, Div 7 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [44]. |
Secs 87, 88 | Ins 2001 No 118, Sch 1 [17]. Rep 2006 No 111, Sch 1 [45]. Ins 2006 No 111, Sch 1 [44]. |
Sec 89 | Ins 2001 No 118, Sch 1 [17]. Rep 2006 No 111, Sch 1 [45]. Ins 2006 No 111, Sch 1 [44]. Am 2013 No 47, Sch 1.1. |
Sec 90 | Ins 2001 No 118, Sch 1 [17]. Rep 2006 No 111, Sch 1 [45]. Ins 2006 No 111, Sch 1 [44]. |
Sec 91 | Ins 2001 No 118, Sch 1 [17]. Rep 2006 No 111, Sch 1 [45]. Ins 2006 No 111, Sch 1 [44]. Am 2014 No 75, Sch 1 [36]. |
Sec 92 | Ins 2001 No 118, Sch 1 [17]. Rep 2006 No 111, Sch 1 [45]. Ins 2006 No 111, Sch 1 [44]. |
Part 6 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [45]. |
Sec 93 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [45]. Am 2009 No 56, Sch 4.1. |
Secs 94–103 | Ins 2001 No 118, Sch 1 [17]. Rep 2006 No 111, Sch 1 [45]. |
Part 7 | Ins 2001 No 118, Sch 1 [17]. |
Part 7, Div 1, heading | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [46]. |
Part 7, Div 1 (secs 104, 105) | Ins 2001 No 118, Sch 1 [17]. |
Part 7, Div 2 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. |
Sec 106 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. Am 2009 No 58, Sch 1 [9]–[11]; 2014 No 75, Sch 1 [37]–[39]; 2016 No 27, Sch 1.1 [4]; 2022 No 68, Sch 4.1[9]. |
Sec 106A | Ins 2009 No 58, Sch 1 [12]. |
Sec 107 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. |
Sec 108 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. Am 2014 No 75, Sch 1 [40] [41]. |
Sec 109 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. Rep 2014 No 75, Sch 1 [42]. |
Sec 110 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]; 2013 No 66, Sch 1 [28]. |
Sec 111 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]; 2014 No 75, Sch 1 [43]. Am 2015 No 15, Sch 1.1 [2]. |
Sec 112 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. |
Sec 113 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. Am 2009 No 58, Sch 1 [13]; 2014 No 75, Sch 1 [44]–[46]; 2022 No 68, Sch 4.1[10]. |
Sec 114 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. Am 2022 No 68, Sch 4.1[11] [12]. |
Sec 115 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. |
Sec 116 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. Am 2009 No 58, Sch 1 [14] [15]; 2013 No 66, Sch 1 [29]; 2016 No 27, Sch 1.1 [5]; 2022 No 68, Sch 2.1[14]. |
Sec 117 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. |
Sec 118 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. Am 2007 No 27, Sch 1.1 [1]. |
Sec 119 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. |
Part 7, Div 3 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. |
Sec 120A | Ins 2022 No 68, Sch 2.1[15]. |
Sec 120 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. Am 2007 No 27, Sch 1.1 [2]. |
Sec 121 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. Am 2013 No 66, Sch 1 [30] [31]; 2022 No 68, Sch 2.1[16]. |
Sec 121A | Ins 2022 No 68, Sch 2.1[17]. |
Sec 121B | Ins 2022 No 68, Sch 2.1[17]. |
Sec 121C | Ins 2022 No 68, Sch 2.1[17]. |
Sec 122 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. Am 2022 No 68, Sch 2.1[18]. |
Sec 123 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. |
Sec 124 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. |
Sec 125 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. Am 2017 No 66, Sch 8.1; 2022 No 68, Sch 2.1[19]. |
Secs 126–128 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. |
Sec 129 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. Am 2016 No 55, Sch 1.1 [4]. |
Secs 130, 131 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. |
Part 7, Div 4 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. |
Sec 132 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. Am 2013 No 66, Sch 1 [32] [33]; 2022 No 68, Schs 2.1[20]–[23], 4.1[13]; 2023 No 7, Sch 2.1. |
Sec 132A | Ins 2013 No 66, Sch 1 [34]. |
Sec 133 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. Am 2013 No 66, Sch 1 [35] [36]; 2016 No 55, Sch 1.1 [5]; 2022 No 68, Schs 2.1[24], 3[3]. |
Sec 134 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. Am 2013 No 66, Sch 1 [37]. |
Sec 135 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. Am 2013 No 95, Sch 2.1 [5] [6]. |
Sec 136 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. Am 2013 No 66, Sch 1 [22]; 2013 No 95, Sch 2.1 [7]. |
Sec 137 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. Am 2013 No 66, Sch 1 [22]; 2013 No 95, Sch 2.1 [1] [8]. |
Part 7, Div 5 | Subst 2006 No 111, Sch 1 [47]. |
Sec 137A | Ins 2006 No 111, Sch 1 [47]. |
Sec 137B | Ins 2006 No 111, Sch 1 [47]. Am 2009 No 58, Sch 1 [8]; 2014 No 75, Sch 1 [47]; 2022 No 68, Sch 1[11]. |
Sec 137C | Ins 2006 No 111, Sch 1 [47]. Am 2022 No 68, Sch 1[12] [13]. |
Sec 137D | Ins 2006 No 111, Sch 1 [47]. |
Part 7, Divs 6–8 | Ins 2001 No 118, Sch 1 [17]. Rep 2006 No 111, Sch 1 [47]. |
Part 7, Div 9 | Ins 2001 No 118, Sch 1 [17]. |
Sec 138 | Ins 2001 No 118, Sch 1 [17]. |
Sec 138A | Ins 2006 No 111, Sch 1 [48]. Am 2013 No 95, Sch 1.1 [3]; 2014 No 75, Sch 1 [48]; 2022 No 68, Sch 4.1[14] [15]. |
Sec 139 | Ins 2001 No 118, Sch 1 [17]. Am 2014 No 75, Sch 1 [49]. |
Sec 140 | Ins 2001 No 118, Sch 1 [17]. |
Sec 141 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [49]. |
Sec 141A | Ins 2006 No 111, Sch 1 [50]. |
Part 7, Div 10 | Ins 2001 No 118, Sch 1 [17]. |
Sec 142 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [51]. |
Sec 143 | Ins 2001 No 118, Sch 1 [17]. |
Sec 143A | Ins 2006 No 111, Sch 1 [52]. Subst 2013 No 66, Sch 1 [38]. Am 2022 No 68, Sch 4.1[16] [17]. |
Sec 144 | Ins 2001 No 118, Sch 1 [17]. Am 2013 No 66, Sch 1 [39]; 2016 No 27, Sch 1.1 [6]; 2022 No 68, Sch 2.1[25]. |
Sec 145 | Ins 2001 No 118, Sch 1 [17]. |
Part 7, Div 11 (secs 146–148) | Ins 2001 No 118, Sch 1 [17]. Rep 2006 No 111, Sch 1 [53]. |
Part 8 | Ins 2001 No 118, Sch 1 [17]. |
Part 8, Div 1 | Ins 2001 No 118, Sch 1 [17]. |
Sec 149 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [54]–[56]; 2013 No 66, Sch 1 [40]; 2022 No 68, Sch 2.1[26]. |
Sec 149A | Ins 2009 No 58, Sch 1 [16]. Am 2022 No 68, Sch 1[14]. |
Sec 150 | Ins 2001 No 118, Sch 1 [17]. Am 2009 No 58, Sch 1 [17]; 2022 No 68, Sch 4.1[18]–[20]. |
Sec 151 | Ins 2001 No 118, Sch 1 [17]. Rep 2006 No 111, Sch 1 [57]. |
Sec 152 | Ins 2001 No 118, Sch 1 [17]. Am 2013 No 66, Sch 1 [41]; 2014 No 75, Sch 1 [50]. |
Part 8, Div 1A | Ins 2022 No 68, Sch 4.1[21]. |
Sec 152A | Ins 2022 No 68, Sch 4.1[21]. |
Sec 152B | Ins 2022 No 68, Sch 4.1[21]. |
Sec 152C | Ins 2022 No 68, Sch 4.1[21]. |
Sec 152D | Ins 2022 No 68, Sch 4.1[21]. |
Sec 152E | Ins 2022 No 68, Sch 4.1[21]. |
Sec 152F | Ins 2022 No 68, Sch 4.1[21]. |
Sec 152G | Ins 2022 No 68, Sch 4.1[21]. |
Sec 152H | Ins 2022 No 68, Sch 4.1[21]. |
Part 8, Div 2, heading | Subst 2022 No 68, Sch 4.1[21]. |
Part 8, Div 2 | Ins 2001 No 118, Sch 1 [17]. |
Sec 153 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [58]–[60]; 2013 No 66, Sch 1 [42]; 2014 No 75, Sch 1 [51]–[53]. |
Sec 154 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [61] [62]. Rep 2014 No 75, Sch 1 [54]. |
Sec 155 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [63]; 2022 No 68, Sch 4.1[23]. |
Sec 156 | Ins 2001 No 118, Sch 1 [17]. |
Sec 157 | Ins 2001 No 118, Sch 1 [17]. Rep 2022 No 68, Sch 4.1[24]. |
Sec 158 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [64]–[66]. Subst 2014 No 75, Sch 1 [55]. |
Sec 159 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [67]. Rep 2022 No 68, Sch 4.1[24]. |
Sec 160 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [68]–[70]; 2014 No 75, Sch 1 [56] [57]. |
Sec 161 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [71]; 2014 No 75, Sch 1 [58]; 2022 No 68, Sch 4.1[25]. |
Part 8, Div 3, heading | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [72]. |
Part 8, Div 3 | Ins 2001 No 118, Sch 1 [17]. |
Sec 162 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [73]; 2013 No 66, Sch 1 [43]. |
Sec 163 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [74]. Rep 2013 No 66, Sch 1 [44]. |
Part 8A | Rep 2001 No 118, Sch 1 [17] (for information concerning Part 8A before the commencement of 2001 No 118, Sch 1 [17] see the Historical table of amendments in the Legislative history). |
Part 9 | Ins 2001 No 118, Sch 1 [17] (for information concerning Part 9 before the commencement of 2001 No 118, Sch 1 [17] see the Historical table of amendments in the Legislative history). |
Part 9, Div 1 | Ins 2001 No 118, Sch 1 [17]. |
Sec 164 | Ins 2001 No 118, Sch 1 [17]. |
Sec 165 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [71] [75]–[78]; 2015 No 15, Sch 1.1 [3]; 2016 No 27, Sch 1.1 [7]. |
Sec 165AA | Ins 2014 No 75, Sch 1 [59]. Am 2017 No 63, Sch 5. |
Sec 165A | Ins 2006 No 111, Sch 1 [79]. Am 2014 No 75, Sch 1 [60]; 2022 No 68, Sch 4.1[26]; 2023 No 35, Sch 4.1. |
Part 9, Div 2 | Ins 2001 No 118, Sch 1 [17]. |
Sec 166 | Ins 2001 No 118, Sch 1 [17]. |
Sec 167 | Ins 2001 No 118, Sch 1 [17]. |
Sec 168 | Ins 2001 No 118, Sch 1 [17]. |
Sec 169 | Ins 2001 No 118, Sch 1 [17]. |
Part 9, Div 3 | Ins 2001 No 118, Sch 1 [17]. |
Sec 170 | Ins 2001 No 118, Sch 1 [17]. |
Sec 171 | Ins 2001 No 118, Sch 1 [17]. Am 2022 No 68, Sch 4.1[27]–[29]. |
Sec 172 | Ins 2001 No 118, Sch 1 [17]. |
Sec 173 | Ins 2001 No 118, Sch 1 [17]. |
Sec 174 | Ins 2001 No 118, Sch 1 [17]. Am 2022 No 68, Sch 4.1[30] [31]. |
Sec 175 | Ins 2001 No 118, Sch 1 [17]. |
Part 10, heading | Ins 2001 No 118, Sch 1 [17]. Subst 2014 No 75, Sch 1 [61]; 2022 No 68, Sch 3[4]. |
Part 10 | Ins 2001 No 118, Sch 1 [17]. Subst 2022 No 68, Sch 3[4]. |
Part 10, Div 1 | Ins 2001 No 118, Sch 1 [17]. Subst 2022 No 68, Sch 3[4]. |
Sec 176 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [80]. Subst 2022 No 68, Sch 3[4]. |
Part 10, Div 2 | Ins 2001 No 118, Sch 1 [17]. Subst 2022 No 68, Sch 3[4]. |
Sec 177 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [81]–[83]; 2014 No 75, Sch 1 [62] [63]. Subst 2022 No 68, Sch 3[4]. |
Sec 178 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [84]. Rep 2013 No 95, Sch 1 [4]. Ins 2022 No 68, Sch 3[4]. |
Sec 179 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 30, Sch 9.1. Rep 2013 No 95, Sch 1.1 [4]. Ins 2022 No 68, Sch 3[4]. |
Sec 180 | Ins 2001 No 118, Sch 1 [17]. Rep 2013 No 95, Sch 1.1 [4]. Ins 2022 No 68, Sch 3[4]. |
Sec 181 | Ins 2001 No 118, Sch 1 [17]. Rep 2013 No 95, Sch 1.1 [4]. Ins 2022 No 68, Sch 3[4]. |
Sec 182 | Ins 2001 No 118, Sch 1 [17]. Subst 2022 No 68, Sch 3[4]. |
Part 10, Div 3 | Ins 2001 No 118, Sch 1 [17]. Rep 2013 No 95, Sch 1.1 [4]. Ins 2022 No 68, Sch 3[4]. |
Part 10, Div 3, Subdiv 1 | Ins 2022 No 68, Sch 3[4]. |
Sec 183 | Ins 2001 No 118, Sch 1 [17]. Am 2010 No 19, Sch 3.2 [2]. Subst 2022 No 68, Sch 3[4]. |
Part 10, Div 3, Subdiv 2 | Ins 2022 No 68, Sch 3[4]. |
Sec 184 | Ins 2001 No 118, Sch 1 [17]. Am 2014 No 75, Sch 1 [77] [78]. Subst 2022 No 68, Sch 3[4]. |
Sec 185 | Ins 2001 No 118, Sch 1 [17]. Subst 2022 No 68, Sch 3[4]. |
Sec 186 | Ins 2001 No 118, Sch 1 [17]. Am 2014 No 75, Sch 1 [79] [80]. Subst 2022 No 68, Sch 3[4]. |
Sec 187 | Ins 2001 No 118, Sch 1 [17]. Subst 2022 No 68, Sch 3[4]. |
Part 10, Div 3A, heading | Ins 2006 No 111, Sch 1 [85]. Subst 2014 No 75, Sch 1 [64]. Rep 2022 No 68, Sch 3[4]. |
Part 10, Div 3A | Ins 2006 No 111, Sch 1 [85]. Rep 2022 No 68, Sch 3[4]. |
Secs 181A–181E | Ins 2006 No 111, Sch 1 [85]. Subst 2014 No 75, Sch 1 [65]. Rep 2022 No 68, Sch 3[4]. |
Sec 181F | Ins 2006 No 111, Sch 1 [85]. Am 2013 No 66, Sch 1 [45]. Subst 2014 No 75, Sch 1 [65]. Rep 2022 No 68, Sch 3[4]. |
Sec 181G | Ins 2006 No 111, Sch 1 [85]. Rep 2014 No 75, Sch 1 [65]. |
Sec 181H | Ins 2006 No 111, Sch 1 [85]. Am 2013 No 95, Sch 1.1 [5]–[7]. Rep 2014 No 75, Sch 1 [65]. |
Sec 181I | Ins 2006 No 111, Sch 1 [85]. Rep 2014 No 75, Sch 1 [65]. |
Sec 181J | Ins 2006 No 111, Sch 1 [85]. Am 2013 No 95, Sch 1.1 [8]–[10]; 2014 No 75, Sch 1 [66]–[68]. Rep 2022 No 68, Sch 3[4]. |
Sec 181K | Ins 2006 No 111, Sch 1 [85]. Am 2013 No 95, Sch 1.1 [11] [12]; 2014 No 75, Sch 1 [69]. Rep 2022 No 68, Sch 3[4]. |
Sec 181L | Ins 2006 No 111, Sch 1 [85]. Am 2013 No 95, Sch 1.1 [13]; 2014 No 75, Sch 1 [70] [71]. Rep 2022 No 68, Sch 3[4]. |
Sec 181M | Ins 2006 No 111, Sch 1 [85]. Am 2013 No 95, Sch 2.1 [9]; 2014 No 75, Sch 1 [72]–[74]. Rep 2022 No 68, Sch 3[4]. |
Sec 181N | Ins 2006 No 111, Sch 1 [85]. Am 2013 No 95, Sch 1.1 [14]. Rep 2014 No 75, Sch 1 [75]. |
Sec 181O | Ins 2006 No 111, Sch 1 [85]. Am 2014 No 75, Sch 1 [76]. Rep 2022 No 68, Sch 3[4]. |
Part 10, Div 4 | Ins 2001 No 118, Sch 1 [17]. Subst 2022 No 68, Sch 3[4]. |
Part 10, Div 4, Subdiv 1 | Ins 2022 No 68, Sch 3[4]. |
Sec 188 | Ins 2001 No 118, Sch 1 [17]. Subst 2022 No 68, Sch 3[4]. |
Sec 189 | Ins 2001 No 118, Sch 1 [17]. Rep 2014 No 75, Sch 1 [81]. Ins 2022 No 68, Sch 3[4] |
Sec 190 | Ins 2001 No 118, Sch 1 [17]. Rep 2014 No 75, Sch 1 [81]. Ins 2022 No 68, Sch 3[4]. |
Part 10, Div 4, Subdiv 2 | Ins 2022 No 68, Sch 3[4]. |
Sec 191 | Ins 2001 No 118, Sch 1 [17]. Rep 2014 No 75, Sch 1 [81]. Ins 2022 No 68, Sch 3[4]. |
Sec 192 | Ins 2001 No 118, Sch 1 [17]. Rep 2014 No 75, Sch 1 [81]. Ins 2022 No 68, Sch 3[4]. |
Sec 193 | Ins 2001 No 118, Sch 1 [17]. Rep 2014 No 75, Sch 1 [81]. Ins 2022 No 68, Sch 3[4]. |
Sec 194 | Ins 2001 No 118, Sch 1 [17]. Am 2013 No 95, Sch 1.1 [15]. Rep 2014 No 75, Sch 1 [81]. Ins 2022 No 68, Sch 3[4]. |
Sec 195 | Ins 2001 No 118, Sch 1 [17]. Rep 2014 No 75, Sch 1 [81]. Ins 2022 No 68, Sch 3[4]. |
Part 10, Div 4, Subdiv 3 | Ins 2022 No 68, Sch 3[4]. |
Sec 196 | Ins 2001 No 118, Sch 1 [17]. Rep 2014 No 75, Sch 1 [81]. Ins 2022 No 68, Sch 3[4]. |
Sec 197 | Ins 2001 No 118, Sch 1 [17]. Am 2013 No 95, Sch 1.1 [16]. Rep 2014 No 75, Sch 1 [81]. Ins 2022 No 68, Sch 3[4]. |
Sec 198 | Ins 2001 No 118, Sch 1 [17]. Am 2013 No 95, Sch 1.1 [18] [19]. Rep 2014 No 75, Sch 1 [82]. Ins 2022 No 68, Sch 3[4]. |
Sec 199 | Ins 2001 No 118, Sch 1 [17]. Am 2013 No 95, Sch 1.1 [20] [21]. Rep 2014 No 75, Sch 1 [82]. Ins 2022 No 68, Sch 3[4]. |
Part 10, Div 4, Subdiv 4 | Ins 2022 No 68, Sch 3[4]. |
Sec 200 | Ins 2001 No 118, Sch 1 [17]. Rep 2013 No 95, Sch 1.1 [26]. Ins 2022 No 68, Sch 3[4]. |
Sec 201 | Ins 2001 No 118, Sch 1 [17]. Rep 2013 No 95, Sch 1.1 [27]. Ins 2022 No 68, Sch 3[4]. |
Part 10, Div 4, Subdiv 5 | Ins 2022 No 68, Sch 3[4]. |
Sec 202 | Ins 2001 No 118, Sch 1 [17]. Am 2005 No 98, Sch 3.1 [1]. Rep 2013 No 95, Sch 1.1 [28]. Ins 2022 No 68, Sch 3[4]. |
Part 10, Div 5 | Ins 2001 No 118, Sch 1 [17]. Rep 2014 No 75, Sch 1 [81]. Ins 2022 No 68, Sch 3[4]. |
Part 10, Div 5, Subdiv 1, heading | Ins 2001 No 118, Sch 1 [17]. Rep 2006 No 111, Sch 1 [86]. |
Sec 203 | Ins 2001 No 118, Sch 1 [17]. Rep 2013 No 95, Sch 1.1 [29]. Ins 2022 No 68, Sch 3[4]. |
Sec 204 | Ins 2001 No 118, Sch 1 [17]. Rep 2013 No 95, Sch 1.1 [30]. Ins 2022 No 68, Sch 3[4]. |
Sec 205 | Ins 2001 No 118, Sch 1 [17]. Rep 2013 No 95, Sch 1.1 [31]. Ins 2022 No 68, Sch 3[4]. |
Sec 206 | Ins 2001 No 118, Sch 1 [17]. Am 2005 No 98, Sch 3.1 [1] [2]. Rep 2013 No 95, Sch 1.1 [32]. Ins 2022 No 68, Sch 3[4]. |
Sec 207 | Ins 2001 No 118, Sch 1 [17]. Am 2013 No 95, Sch 1.1 [33]. Subst 2022 No 68, Sch 3[4]. |
Sec 208 | Ins 2001 No 118, Sch 1 [17]. Rep 2013 No 95, Sch 1.1 [34]. Ins 2022 No 68, Sch 3[4]. |
Sec 209 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [89]–[91]. Rep 2013 No 95, Sch 1.1 [35]. Ins 2022 No 68, Sch 3[4]. |
Part 10, Div 5, Subdiv 2, heading | Ins 2001 No 118, Sch 1 [17]. Rep 2006 No 111, Sch 1 [86]. |
Part 10, Div 6, heading | Ins 2006 No 111, Sch 1 [87]. Am 2013 No 95, Sch 1.1 [17]. Rep 2022 No 68, Sch 3[4]. |
Part 10, Div 6, Subdiv 1, heading | Ins 2006 No 111, Sch 1 [87]. Rep 2014 No 75, Sch 1 [82]. |
Part 10, Div 6, Subdiv 2, heading | Ins 2006 No 111, Sch 1 [88]. Subst 2014 No 75, Sch 1 [83]. Rep 2022 No 68, Sch 3[4]. |
Part 10, Div 6, Subdiv 2 | Ins 2006 No 111, Sch 1 [88]. Rep 2022 No 68, Sch 3[4]. |
Sec 199A | Ins 2006 No 111, Sch 1 [88]. Am 2013 No 95, Sch 1.1 [22] [23]; 2014 No 75, Sch 1 [84]. Rep 2022 No 68, Sch 3[4]. |
Sec 199B | Ins 2006 No 111, Sch 1 [88]. Am 2013 No 95, Sch 1.1 [24] [25]. Rep 2022 No 68, Sch 3[4]. |
Part 10, Div 6, Subdiv 3, heading | Ins 2006 No 111, Sch 1 [88]. Rep 2022 No 68, Sch 3[4]. |
Sec 210 | Ins 2001 No 118, Sch 1 [17]. Rep 2013 No 95, Sch 1.1 [36]. |
Sec 211 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [92]; 2013 No 95, Sch 1.1 [37]. Rep 2014 No 75, Sch 1 [85]. |
Sec 211A | Ins 2006 No 111, Sch 1 [93]. Am 2013 No 95, Sch 1.1 [38]; 2014 No 75, Sch 1 [86]–[91]. Rep 2022 No 68, Sch 3[4]. |
Sec 212 | Ins 2001 No 118, Sch 1 [17]. Rep 2013 No 95, Sch 1.1 [39]. |
Sec 213 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [94]. Rep 2013 No 95, Sch 1.1 [40]. |
Sec 214 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [95]. Rep 2013 No 95, Sch 1.1 [41]. |
Sec 215 | Ins 2001 No 118, Sch 1 [17]. Am 2013 No 95, Sch 1.1 [42]. Rep 2022 No 68, Sch 3[4]. |
Sec 215A | Ins 2013 No 95, Sch 1.1 [43]. Rep 2022 No 68, Sch 3[4]. |
Part 11 | Ins 2001 No 118, Sch 1 [17]. |
Part 11, Div 1 | Ins 2001 No 118, Sch 1 [17]. |
Sec 216 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [96] [97]; 2010 No 59, Sch 1.1 [2]. |
Sec 217 | Ins 2001 No 118, Sch 1 [17]. Am 2007 No 27, Sch 1.1 [3]. |
Sec 218 | Ins 2001 No 118, Sch 1 [17]. Am 2014 No 75, Sch 1 [95] [96]. |
Sec 219 | Ins 2001 No 118, Sch 1 [17]. |
Sec 220 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [98]. |
Sec 221 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [99]. |
Sec 221A | Ins 2006 No 111, Sch 1 [100]. Am 2014 No 75, Sch 1 [100] [101]. |
Sec 221B | Ins 2014 No 75, Sch 1 [102]. |
Part 11, Div 2 | Ins 2001 No 118, Sch 1 [17]. |
Sec 222 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [101]–[105]; 2010 No 59, Sch 1.1 [2]; 2013 No 66, Sch 1 [46]; 2014 No 75, Sch 1 [104]–[107]; 2017 No 1, Sch 1 [2]; 2022 No 68, Sch 4.1[32]. |
Sec 223 | Ins 2001 No 118, Sch 1 [17]; 2022 No 68, Sch 4.1[33]. |
Sec 223A | Ins 2006 No 111, Sch 1 [106]. |
Sec 223B | Ins 2006 No 111, Sch 1 [106]. Am 2017 No 1, Sch 1 [3]–[6]. |
Sec 224 | Ins 2001 No 118, Sch 1 [17]. Am 2007 No 27, Sch 1.1 [4]. |
Sec 225 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [107]; 2014 No 75, Sch 1 [113]. |
Sec 226 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [108] [109]. |
Sec 227 | Ins 2001 No 118, Sch 1 [17]. Am 2014 No 75, Sch 1 [114] [115]. |
Sec 228 | Ins 2001 No 118, Sch 1 [17]. |
Sec 229 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [110]. |
Sec 230 | Ins 2001 No 118, Sch 1 [17]. Am 2011 No 56, Sch 1 [7]; 2014 No 75, Sch 1 [118]; 2016 No 27, Sch 1.1 [8]. |
Sec 231 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [111] [112]; 2017 No 1, Sch 1 [7]. |
Sec 232 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [113]. |
Part 11, Div 3, heading | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [114]. |
Part 11, Div 3 | Ins 2001 No 118, Sch 1 [17]. |
Sec 233 | Ins 2001 No 118, Sch 1 [17]. |
Sec 234 | Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [115]. Am 2010 No 59, Sch 1.1 [2]; 2014 No 75, Sch 1 [123]. Rep 2017 No 1, Sch 1 [8]. |
Part 11, Div 4 (secs 234A–234E) | Ins 2017 No 1. Sch 1 [9]. |
Part 12 | Ins 2001 No 118, Sch 1 [17]. |
Sec 235 | Ins 2001 No 118, Sch 1 [17]. Am 2014 No 75, Sch 1 [125] [126]; 2022 No 68, Sch 3[5]. |
Sec 236 | Ins 2001 No 118, Sch 1 [17]. Am 2014 No 75, Sch 1 [127]. |
Sec 237 | Ins 2001 No 118, Sch 1 [17]. Am 2014 No 75, Sch 1 [128]. |
Part 13 | Ins 2001 No 118, Sch 1 [17]. |
Sec 238 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [116]–[119]. |
Sec 239 | Ins 2001 No 118, Sch 1 [17]. |
Sec 239A | Ins 2009 No 58, Sch 1 [18]. |
Sec 240 | Ins 2001 No 118, Sch 1 [17]. Am 2010 No 61, Sch 2.1 [1] [2]. |
Sec 241 | Ins 2001 No 118, Sch 1 [17]. Am 2014 No 75, Sch 1 [129]. |
Part 14 | Ins 2001 No 118, Sch 1 [17]. |
Sec 242 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [120]–[122]; 2009 No 58, Sch 1 [19]; 2013 No 66, Sch 1 [47] [48]. |
Sec 243 | Ins 2001 No 118, Sch 1 [17]. |
Sec 243A | Ins 2013 No 66, Sch 1 [49]. Am 2022 No 68, Sch 3[6]. |
Sec 244 | Ins 2001 No 118, Sch 1 [17]. |
Sec 245 | Ins 2001 No 118, Sch 1 [17]. Subst 2022 No 68, Sch 4.1[34]. |
Sec 246 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [123] [124]. |
Sec 246A | Ins 2013 No 66, Sch 1 [50]. |
Sec 247 | Ins 2001 No 118, Sch 1 [17]. |
Sec 248 | Ins 2001 No 118, Sch 1 [17]. Am 2009 No 54, Sch 2.1; 2014 No 75, Sch 1 [130]. |
Sec 248A | Ins 2014 No 75, Sch 1 [131]. |
Sec 248B | Ins 2014 No 75, Sch 1 [132]. |
Sec 249 | Ins 2001 No 118, Sch 1 [17]. |
Sec 249A | Ins 2006 No 111, Sch 1 [125]. |
Sec 250 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [126]–[128]. |
Sec 251 | Ins 2001 No 118, Sch 1 [17]. Rep 2006 No 111, Sch 1 [129]. |
Sec 252 | Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [130]–[134]; 2013 No 66, Sch 1 [51]; 2014 No 75, Sch 1 [133]. |
Sec 252A | Ins 2006 No 111, Sch 1 [135]. |
Sec 253 | Ins 2001 No 118, Sch 1 [17]. |
Sch 1 | Rep 1992 No 57, Sch 2. Ins 2001 No 118, Sch 1 [18]. Am 2014 No 75, Sch 1 [134]. |
Sch 2 | Ins 2001 No 118, Sch 1 [18]. Rep 2013 No 95, Sch 1.1 [44]. |
Sch 3 | Am 1987 No 143, Sch 1. Rep 1999 No 85, Sch 4. Ins 2006 No 111, Sch 1 [136]. Am 2013 No 66, Sch 1 [52]; 2015 No 15, Sch 1.1 [4]; 2022 No 68, Sch 4.1[35] [36]. |
Sch 3A | Ins 2006 No 111, Sch 1 [137]. |
Sch 4 | Am 1990 No 60, Sch 8; 1991 No 59, sec 3; 1996 No 142, Sch 2 [14] [15]; 1997 No 55, Sch 4 [1] [2]; 2001 No 118, Sch 1 [19]–[21]; 2004 No 69, Sch 1; 2006 No 111, Sch 1 [138] [139]; 2007 No 27, Sch 1.1 [5]; 2008 No 62, Sch 1.1; 2009 No 58, Sch 1 [20] [21]; 2010 No 59, Sch 1.1 [3]; 2011 No 56, Sch 1 [8] [9]; 2012 No 42, Sch 1.1; 2013 No 66, Sch 1 [53] [54]; 2014 No 33, Sch 1.1; 2014 No 75, Sch 1 [135] [136]; 2016 No 27, Sch 1.1 [9]; 2017 No 1, Sch 1 [10]. |
Sch 5 | Ins 1990 No 60, Sch 1 (5). Am 1999 No 94, sec 7 (3) and Sch 5, Part 3. Rep 2001 No 118, Sch 1 [22]. Ins 2006 No 111, Sch 1 [140]. Am 2010 (520), cl 3 (1)–(3); 2015 (4), cl 3 (1)–(3); 2019 (587), cl 3; 2022 No 68, Sch 5; 2024 (370), Sch 1. |
Sch 6 | Ins 1990 No 60, Sch 1 (5). Rep 2001 No 118, Sch 1 [22]. |
The whole Act (except Sch 4) | Am 2006 No 111, Sch 1 [1] (“Pecuniary Interest Tribunal” omitted wherever occurring, “Pecuniary Interest and Disciplinary Tribunal” inserted instead). |
Information concerning Parts 8A and 9 before the commencement of 2001 No 118, Sch 1 [17].
Part 8A | Ins 1996 No 142, Sch 2 [10]. Rep 2001 No 118, Sch 1 [17]. |
Sec 49 | Rep 1996 No 142, Sch 2 [11]. Ins 1996 No 142, Sch 2 [10]. Rep 2001 No 118, Sch 1 [17]. |
Secs 49A–49G | Ins 1996 No 142, Sch 2 [10]. Rep 2001 No 118, Sch 1 [17]. |
Part 9 | Rep 2001 No 118, Sch 1 [17]. |
Sec 50 | Rep 2001 No 118, Sch 1 [17]. |
Sec 51 | Am 1991 No 69, Sch 1. Rep 2001 No 118, Sch 1 [17]. |
Sec 52 | Rep 2001 No 118, Sch 1 [17]. |
Sec 53 | Am 1990 No 60, Sch 2 (5). Rep 2001 No 118, Sch 1 [17]. |
Sec 54 | Rep 2001 No 118, Sch 1 [17]. |
Sec 55 | Subst 1990 No 60, Sch 7 (1). Rep 2001 No 118, Sch 1 [17]. |
Sec 56 | Rep 1998 No 47, Sch 2.1. Rep 2001 No 118, Sch 1 [17]. |
Sec 56A | Ins 1986 No 18, Sch 1 (17). Rep 2001 No 118, Sch 1 [17]. |
Sec 56B | Ins 1990 No 60, Sch 4. Am 1991 No 94, Sch 1. Rep 2001 No 118, Sch 1 [17]. |
Sec 56C | Ins 1990 No 60, Sch 4. Rep 2001 No 118, Sch 1 [17]. |
Sec 56D | Ins 1990 No 60, Sch 6 (8). Rep 2001 No 118, Sch 1 [17]. |
Sec 57 | Am 1986 No 18, Sch 1 (18). Subst 1990 No 60, Sch 6 (8). Rep 2001 No 118, Sch 1 [17]. |
Sec 57A | Ins 1986 No 18, Sch 1 (19). Subst 1990 No 60, Sch 6 (8). Rep 2001 No 118, Sch 1 [17]. |
Sec 57B | Ins 1990 No 60, Sch 6 (8). Rep 2001 No 118, Sch 1 [17]. |
Sec 58 | Rep 2001 No 118, Sch 1 [17]. |
Sec 58A | Ins 1990 No 60, Sch 7 (2). Am 1991 No 94, Sch 2; 1996 No 142, Sch 2 [12]. Rep 2001 No 118, Sch 1 [17]. |
Sec 59 | Am 1986 No 18, Sch 1 (20). Rep 2001 No 118, Sch 1 [17]. |
Sec 60 | Rep 1990 No 60, Sch 7 (3). |
Sec 61 | Subst 1990 No 60, Sch 7 (4). Rep 2001 No 118, Sch 1 [17]. |
Sec 62 | Rep 2001 No 118, Sch 1 [17]. |
Sec 63 | Am 1986 No 18, Sch 1 (3). Rep 2001 No 118, Sch 1 [17]. |
Sec 64 | Am 1986 No 18, Sch 1 (21). Rep 2001 No 118, Sch 1 [17]. |
Sec 65 | Rep 2001 No 118, Sch 1 [17]. |
Sec 65A | Ins 1990 No 60, Sch 7 (5). Rep 2001 No 118, Sch 1 [17]. |
Sec 66 | Am 1992 No 112, Sch 1. Rep 2001 No 118, Sch 1 [17]. |
Sec 67 | Am 1990 No 60, Sch 7 (6). Rep 2001 No 118, Sch 1 [17]. |
Sec 68 | Am 1986 No 18, Sch 1 (22); 1990 No 60, Schs 3 (3), 7 (7) (am 1990 No 108, Sch 2); 1992 No 112, Sch 1; 1995 No 39, Sch 1 (3); 1996 No 142, Sch 2 [13]. Rep 2001 No 118, Sch 1 [17]. |
Sec 69 | Rep 2001 No 118, Sch 1 [17]. |
Sec 70 | Rep 1999 No 85, Sch 4. |
Sec 71 | Rep 2001 No 118, Sch 1 [17]. |
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