Aboriginal Land Rights Amendment Act 2013 (NSW)

An Act to amend the Aboriginal Land Rights Act 1983 with respect to the functions, officers and staff of Aboriginal Land Councils; and for other purposes.

1Name of Act

This Act is the Aboriginal Land Rights Amendment Act 2013.

2Commencement(1)

Except as provided by subsection (2), this Act commences on the date of assent to this Act.

(2)

The amendment of section 63, and the repeal of sections 162 (3) and 163, of the Aboriginal Land Rights Act 1983 by this Act commence on 1 January 2014.

Schedule 1Amendment of Aboriginal Land Rights Act 1983 No 42[1]–[13]

(Repealed)

[14]Section 63 Board members

Omit section 63 (2). Insert instead:

(2)

A person is not qualified to be nominated to stand for election, or to be elected, as a Board member of a Local Aboriginal Land Council if, at the time of the nomination or election, any of the following applies to the person:

• (a)

  the person is not a voting member of the Council,

• (b)

  the person is suspended or disqualified from holding office as a Board member or is suspended from membership of the Council,

• (c)

  the person has not attended at least 2 meetings of the Council in the last 12 months.

(2A)

Subsection (2) (c) does not apply if an administrator was appointed to perform all of the functions of the Local Aboriginal Land Council for all or part of the relevant 12-month period.

(2B)

A person may nominate another person to stand for election as a Board member of a Local Aboriginal Land Council if, at the time of the nomination, all of the following apply to the person:

• (a)

  the person is a voting member of the Council, and

• (b)

  the person is not suspended from membership of the Council, and

• (c)

  the person has attended at least 2 meetings of the Council in the last 12 months.

[15]Section 63 (8)

Insert after section 63 (7):

(8)

Without limiting subsection (7), the regulations may make provision with respect to the nomination of persons to stand for election as a Board member of a Local Aboriginal Land Council.

[16]–[42]

(Repealed)

[43]Section 162 Funding Agreements

Omit section 162 (3).

[44]Section 163 Cessation of funding

Omit the section.

[45]–[54]

(Repealed)

Schedule 2

(Repealed)