Aboriginal Land Rights Regulation 2020 (NSW)
This Regulation is the Aboriginal Land Rights Regulation 2020.
This Regulation commences on 1 September 2020 and is required to be published on the NSW legislation website.
This Regulation replaces the Aboriginal Land Rights Regulation 2014, which is repealed on 1 September 2020 by section 10(2) of the Subordinate Legislation Act 1989.
In this Regulation—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
Notes included in this Regulation do not form part of this Regulation.
In this Part—
Words and expressions in this Part have the same meaning as in Divisions 4 and 4A of Part 2 of the Act.
The forms for the following certificates are set out in Forms 1–4 in Schedule 5—
(a) a dealing approval certificate for a land dealing relating to land vested in the New South Wales Aboriginal Land Council,
(b) a dealing approval certificate for a land dealing relating to land vested in a Local Aboriginal Land Council,
(c) a registration approval certificate for a registrable instrument relating to a land dealing by the New South Wales Aboriginal Land Council,
(d) a registration approval certificate for a registrable instrument relating to a land dealing by a Local Aboriginal Land Council.
For the purposes of section 42E(2)(b) of the Act, the making of a development application by a Local Aboriginal Land Council is prescribed as a land dealing that does not require the approval of the New South Wales Aboriginal Land Council if the development the subject of the application—
(a) is to be carried out on land vested in the Local Aboriginal Land Council, and
(b) has an estimated cost of less than $500,000.
For the purposes of section 42G(5)(a) of the Act, notice of a meeting to approve a land dealing must be given not less than 7 clear days before the day on which the meeting is to be held.
The notice must—
(a) clearly identify the land subject to the dealing, and
(b) state the manner in which the land is to be dealt with, and
(c) state that at the meeting it is proposed to decide whether or not to approve of the land dealing.
For the purposes of section 42F(2) of the Act, an application by a Local Aboriginal Land Council for approval of a dealing with land must be in the form approved by the New South Wales Aboriginal Land Council.
An application must—
(a) identify the land affected by the proposed land dealing, and
(b) specify the manner in which the land is to be dealt with, and
(c) set out any terms or conditions of the proposed dealing, and
(d) be accompanied by a copy of the resolution of the Local Aboriginal Land Council approving the dealing, and
(e) be accompanied by information and other material establishing that the Local Aboriginal Land Council has complied with the requirements of section 42G(5) of the Act, and
(f) be accompanied by a valuation of the land, and
(g) be accompanied by the application fee.
Despite subclause (2)(f), a valuation of the land is not required to accompany an application for approval of a land dealing in relation to a social housing management lease (within the meaning of section 42E of the Act).
The fee for making an application to the New South Wales Aboriginal Land Council for approval of a land dealing is $250.
No application fee is payable if the land dealing consists only of a development application.
A Local Aboriginal Land Council must pay to the New South Wales Aboriginal Land Council the assessment fee (if any) determined by the New South Wales Aboriginal Land Council for assessment of a land dealing approval application.
The assessment fee is to be an amount that reflects the reasonable costs incurred by the New South Wales Aboriginal Land Council in assessing the land dealing approval application concerned, including (but not limited to) the costs of any expert advisory panel constituted for the purposes of assessing the application for approval.
The assessment fee must be paid—
(a) on or before the date, or on or after the occurrence of an event, as required by the New South Wales Aboriginal Land Council, or
(b) in accordance with arrangements agreed between the Local Aboriginal Land Council and the New South Wales Aboriginal Land Council.
The New South Wales Aboriginal Land Council may, after an application is made, require a Local Aboriginal Land Council to give security (whether by way of deposit of money or otherwise) for the payment of the assessment fee for an approval.
A security in the form of a mortgage is a land dealing for which compliance with the Act will be required.
The New South Wales Aboriginal Land Council may waive the payment by a Local Aboriginal Land Council of the whole or any part of an assessment fee.
The New South Wales Aboriginal Land Council must, as soon as practicable after receiving a land dealing approval application, notify the Local Aboriginal Land Council, in writing, of the following—
(a) the manner in which it intends to assess the application and whether or not the application, or any part of it, is to be referred to an expert advisory panel,
(b) the assessment fee for the application, or the manner in which the assessment fee is to be determined and an estimate of the amount of the fee,
(c) the time within which, or the event on the occurrence of which, the assessment fee is to be paid and any security is required to be provided,
(d) the estimated time for determining the application,
(e) that the New South Wales Aboriginal Land Council is not required to determine the application unless the Local Aboriginal Land Council agrees to the proposed assessment fee, security and manner of determination.
If notice has been given to the Local Aboriginal Land Council in accordance with subclause (1), the New South Wales Aboriginal Land Council may refuse to assess or determine a land dealing approval application if—
(a) the application does not comply with section 42F(2) of the Act, or
(b) the Local Aboriginal Land Council does not agree to the proposed assessment fee, security and manner of determination, or
(c) any security required by the notice under subclause (1) has not been provided, or
(d) any assessment fee has not been paid in accordance with the notice under subclause (1) or the New South Wales Aboriginal Land Council is not satisfied that the fee will be paid in accordance with that notice.
The New South Wales Aboriginal Land Council is to establish a register of persons who may be appointed to expert advisory panels.
A person may be listed on the register if the person has expertise in one or more of land valuation, property development, planning, business, finance, corporate governance or Aboriginal heritage or culture or any other expertise that the New South Wales Aboriginal Land Council considers relevant.
The register is to be in the form determined by the New South Wales Aboriginal Land Council.
The register is to contain the following particulars—
(a) the name and contact address of each person on the register,
(b) the area of expertise of each person on the register,
(c) any other particulars determined by the New South Wales Aboriginal Land Council.
The New South Wales Aboriginal Land Council may at any time add the name of a person to or remove the name of a person from the register.
The New South Wales Aboriginal Land Council must, not less than once every 12 months, forward a copy of the register to the Minister.
The New South Wales Aboriginal Land Council must, if the name of a person is added to or removed from the register, forward a copy of the revised register to the Minister.
The New South Wales Aboriginal Land Council must ensure that the register is made publicly available.
The New South Wales Aboriginal Land Council may constitute an expert advisory panel to assess a land dealing approval application or any part or aspect of an application—
(a) if it is of the opinion that it is appropriate to do so and clause 10 has been complied with, or
(b) at the request of the Local Aboriginal Land Council seeking approval of the land dealing concerned.
A panel may consider one or more land dealing approval applications.
A panel is to determine the procedure for the calling of meetings held by the panel and for the conduct of business at those meetings.
A panel is to consist of one or more members selected from the persons listed on the register established under this Division, as determined by the New South Wales Aboriginal Land Council.
A member of an expert advisory panel is entitled to be paid the remuneration (including travelling and subsistence allowances) determined from time to time by the New South Wales Aboriginal Land Council in respect of the member.
The New South Wales Aboriginal Land Council may at any time and for any or no reason remove a member of an expert advisory panel from office.
For the purposes of an assessment, an expert advisory panel must review any material provided to the New South Wales Aboriginal Land Council by the Local Aboriginal Land Council relating to the relevant land dealing approval application and any other material provided to the panel by the New South Wales Aboriginal Land Council.
A panel may, at the request of the New South Wales Aboriginal Land Council, consider whether the proposed land dealing is, or is likely to be, contrary to the interests of the members of the Local Aboriginal Land Council concerned or other Aboriginal persons within the area of the Local Aboriginal Land Council.
An expert advisory panel may, if requested to do so by the New South Wales Aboriginal Land Council, include in a report to the New South Wales Aboriginal Land Council a recommendation as to whether the proposed land dealing approval application should be approved and a recommendation as to conditions that may be imposed on any approval.
A panel must submit a report to the New South Wales Aboriginal Land Council within the time required by the New South Wales Aboriginal Land Council.
A member of an expert advisory panel who has a pecuniary interest in a matter being assessed by the panel must disclose the nature of the interest to the New South Wales Aboriginal Land Council as soon as practicable.
A person who has, or who discloses, a pecuniary interest in a matter is not eligible to be appointed to, or to remain as a member of, an expert advisory panel assessing the matter.
Words and expressions used in this clause have the same meaning as in Part 10 of the Act.
For the purposes of section 42T of the Act, the prescribed percentage of the duty that would be chargeable under the Duties Act 1997 for a dutiable transaction to which a threshold range specified in Column 1 of the table to this subclause applies is the percentage specified for that threshold range in Column 2.
Column 1 | Column 2 |
Threshold range | Amount of community development levy |
4 or 5 | 100% of amount of duty |
6 | 150% of amount of duty |
The community development levy does not apply to a dutiable transaction if the dutiable value of the land concerned is the minimum threshold amount specified for threshold range 4, or less.
See Part 3 of Chapter 2 of the Duties Act 1997, which contains the threshold ranges of dutiable value used to calculate the amount of duty chargeable under that Part on a dutiable transaction.
A tax default does not occur for the purposes of the Taxation Administration Act 1996 if the community development levy is paid within—
(a) in the case of an agreement for sale or transfer of land for consideration, and any transfer in completion of an agreement—the period commencing when the liability for the community development levy first arises and ending on the settlement of the agreement or transfer, or
(b) in any other case—the period commencing when a liability for the community development levy first arises and ending 3 months after the liability for the levy first arises.
Sections 15–18, 25 and 31 of the Duties Act 1997 apply, with any necessary modifications, in respect of the community development levy for a dutiable transaction in the same way as they apply in respect of duty under that Act for a dutiable transaction.
Part 1 of Chapter 12 of the Duties Act 1997 applies, with any necessary modifications, in respect of the payment of the community development levy and instruments associated with dutiable transactions for which the levy is payable, in the same way as it applies to the payment of duty and instruments associated with dutiable transactions.
If the full dutiable value of land subject to an agreement for sale or transfer cannot, in the Chief Commissioner’s opinion, be immediately ascertained, the Chief Commissioner may make an assessment by way of estimate under section 11(2) of the Taxation Administration Act 1996.
A written instrument effecting or evidencing the sale or transfer may be stamped “interim stamp” only.
For the purposes of section 43 of the Act, the land specified in subclause (2) is declared to be exempt from—
(a) the payment of rates and charges under the Local Government Act 1993, and
(b) the payment of rates, levies and charges under the Hunter Water Act 1991, and
(c) the payment of service charges under the Sydney Water Act 1994 and the Water Management Act 2000.
Subclause (1) applies to the following land vested in an Aboriginal Land Council—
(a) land that is not being used for a commercial or residential purpose,
(b) land that is not being used for a residential purpose in respect of which a resolution has been passed in accordance with this clause declaring it to be land of spiritual or cultural significance to Aboriginal people.
An Aboriginal Land Council may pass a resolution for the purposes of subclause (2)(b) declaring that specified land vested in it is land of spiritual or cultural significance to Aboriginal people.
A resolution under subclause (3) has no effect unless—
(a) it is passed at a meeting of the Aboriginal Land Council that is called specifically for the purpose in accordance with this Regulation and at which a quorum is present, and
(b) it is passed by not less than 80% of the members present and voting at the meeting, and
(c) the chief executive officer of the Aboriginal Land Council has advised the Minister in writing that a resolution has been passed in accordance with this clause in relation to the land concerned, and
(d) the Minister has approved the resolution.
Money to the credit of the Mining Royalties Account established under section 46 of the Act may be invested, pending its disbursement, in any manner for the time being authorised by law for the investment of trust funds.
Money so credited must, unless the New South Wales Aboriginal Land Council by resolution otherwise determines in respect of any particular royalty in any year, be disbursed as soon as practicable after the end of each financial year of that Council.
An application under section 48(1) of the Act must—
(a) specify the land in respect of which the permit is sought and the purpose for which access to the land is desired, and
(b) be in a form approved by the Registrar.
An application for the constitution of an area as a Local Aboriginal Land Council area may be made by any 10 or more adult Aboriginal persons each of whom resides within the area or has an association with the area.
An application must—
(a) be made in writing, and
(b) be lodged with the Registrar, and
(c) be supported by a map showing, or a description specifying, to the satisfaction of the Registrar, the boundaries of the area proposed to be constituted in the application, and
(d) include a proposed name for the area, and
(e) specify an address for service of notices on the applicants.
An application may be withdrawn at any time by notice to the Registrar or, if the application has been referred to the Court, in accordance with the rules of the Court.
On receipt of an application under this Division, the Registrar must cause notice of it to be—
(a) published in the Gazette, and
(b) sent to the New South Wales Aboriginal Land Council.
A notice must give particulars of the proposal contained in the application.
A notice published in the Gazette must specify the requirements for making objections to the application.
Ten or more adult Aboriginal persons, each of whom resides in or has an association with the area in respect of which an application under this Division is made, may object to the proposal or any part of the proposal contained in the application.
An objection must—
(a) be made in writing, and
(b) be lodged with the Registrar not later than 30 clear days after publication of the notice of the application in the Gazette, and
(c) set out the grounds of the objection, and
(d) specify an address for service of notices on the objectors.
An objection may be withdrawn at any time by giving written notice of the withdrawal to the Registrar or, if the objection has been referred to the Court, in accordance with the rules of the Court.
The Registrar must, immediately on the lodgment of an objection to an application under this Division, refer the objection to the New South Wales Aboriginal Land Council.
If, after completing any inquiry as it thinks fit, the New South Wales Aboriginal Land Council is of the opinion that a dispute between parties to an application and parties who have lodged objections to the application may be resolved by conciliation, the Council is to endeavour to resolve the dispute.
The New South Wales Aboriginal Land Council must report to the Registrar in respect of an objection not later than 60 clear days after the objection has been referred to it.
This clause applies if—
(a) 30 clear days after publication of the notice of an application under this Division in the Gazette, no objection has been lodged, or
(b) at any time later than 30 clear days after that publication, all objections lodged have been withdrawn.
The Registrar must send a recommendation concerning an application to the Minister after—
(a) allowing a reasonable period for submissions to be made by the New South Wales Aboriginal Land Council in relation to the application, and
(b) considering any submissions.
The Registrar may recommend—
(a) that an area be constituted as a Local Aboriginal Land Council area in accordance with the application, or
(b) with the consent of the applicants—
(i) that only part of the area proposed in the application be so constituted, or
(ii) that the whole or part of the area so proposed be so constituted under a name other than the name proposed in the application, or
(c) that the application not be granted.
A recommendation under subclause (3)(b) must specify the area or the name to which the applicants have consented.
The Registrar must serve notice on the applicants of particulars of a recommendation.
If an objection to an application under this Division has not been withdrawn within 120 clear days after publication of the notice of the application in the Gazette, the Registrar must refer the application and the objection to the Court.
The following have the right to be heard on the hearing by the Court of an application and objection—
(a) the applicants,
(b) the objectors,
(c) by its representative, the New South Wales Aboriginal Land Council.
In considering a referred application and objection under this clause, the Court may make any recommendation that the Registrar could make in respect of the application, but is not required to obtain the consent of the applicants when making a recommendation referred to in clause 26(3)(b).
The Court must notify the Minister of its recommendation in relation to an application.
Applicants may appeal to the Court within 14 clear days after notice of a recommendation in respect of the application has been given under clause 26(5).
The applicants and the Registrar have a right to be heard on the appeal.
In considering an appeal under this clause, the Court may make any recommendation that the Registrar could make in respect of the application.
The Court must notify the Minister of its recommendation in relation to an application.
An area must not be constituted as a Local Aboriginal Land Council area if it is wholly or partly within another area already so constituted.
Subclause (1) does not apply to an amalgamation of areas.
The Minister may, on the recommendation of the Registrar, by order published in the Gazette, constitute an area as a Local Aboriginal Land Council area having the boundaries, and to be known by the name, specified in the order.
The Minister must make an order specified in subclause (1) in accordance with a determination of the Court.
The boundaries of an area may be specified by reference to a map deposited in the office of the Registrar.
The Registrar must serve notice of the constitution of the area on the applicants.
A Local Aboriginal Land Council may apply to the Registrar for an order under section 87(1)(b) or (e) of the Act.
An application must—
(a) be made in writing, and
(b) specify, to the satisfaction of the Registrar, the boundaries of the area as proposed to be altered or the area of the Local Aboriginal Land Council to be dissolved.
An application may be withdrawn at any time by notice to the Registrar or, if the application has been referred to the Court, in accordance with the rules of the Court.
Division 1 applies to and in respect of an application under this clause in the same way as it applies to and in respect of an application under Division 1.
For that purpose—
(a) a reference to an area proposed in an application under Division 1 is taken to be a reference to an area as proposed to be altered in accordance with an application under this clause, and
(b) a reference to the constitution of an area as a Local Aboriginal Land Council area is taken to be a reference to the alteration of the boundaries of a Local Aboriginal Land Council area or a reference to the dissolution of a Local Aboriginal Land Council, as the case requires, and
(c) in the case of an application under section 87(1)(e) of the Act, clauses 22(2)(c) and (d), 26(3)(b) and (4), 29 and 30 do not apply.
A Local Aboriginal Land Council may apply to the Registrar for an order under section 87(1)(a) of the Act.
An application must be made in writing and specify the proposed new name.
On receipt of an application, the Registrar must cause a notice containing particulars of the proposal to be sent to the New South Wales Aboriginal Land Council.
The Registrar must make a recommendation to the Minister concerning an application after—
(a) allowing a reasonable period for submissions to be made in relation to the matter by the New South Wales Aboriginal Land Council, and
(b) considering any submissions and any other matter the Registrar thinks fit.
On receiving the recommendation of the Registrar, the Minister may make an order under section 87(1)(a) of the Act or refuse to make an order.
The Registrar must serve notice of the Minister’s determination on the applicant.
Two or more Local Aboriginal Land Councils may apply to the Registrar for an order under section 87(1)(c) or (d) of the Act.
The decision by each Local Aboriginal Land Council to apply for amalgamation or inclusion under this clause must—
(a) be made at a meeting of the Local Aboriginal Land Council specifically called for the purpose in accordance with this Regulation and the rules, and
(b) in the case of an amalgamation, recommend a name as the name of the area of the proposed Local Aboriginal Land Council.
The Registrar is to send the application to the Minister and a copy to the New South Wales Aboriginal Land Council.
The New South Wales Aboriginal Land Council must, within 14 clear days after receiving the copy of the application, make a recommendation to the Minister as to whether or not the Minister should approve—
(a) the amalgamation or inclusion, and
(b) the name of the proposed Local Aboriginal Land Council.
On receiving the recommendation of the New South Wales Aboriginal Land Council, the Minister may make an order under section 87(1)(c) or (d) of the Act or may refuse to make the order.
An order under section 87(1)(c) of the Act is to specify the name of the new area constituted by the order and the date from which the new area is constituted.
In this clause—
The members of the old Councils immediately before the appointed day are to be listed by the Registrar on the rolls of the appropriate Local Aboriginal Land Councils in accordance with any applicable order under section 87(2) of the Act.
If no order is made, the members of the old Councils immediately before the appointed day are to be listed by the Registrar on the roll of the new Council (in the case of an amalgamation or inclusion) or on the rolls of the new Councils as determined by the Registrar (in the case of a boundary change).
If the order is an order under section 87(1)(c) of the Act, the Registrar must convene the first meeting of the new Council within 7 clear days of the appointed day at a place nominated by the Registrar.
The Board members of a new Council, and the Chairperson and Deputy Chairperson, are to be elected in accordance with Division 3 at the first meeting of the new Council.
A Local Aboriginal Land Council having more than 100 voting members when an election for all Board members is held is to have not fewer than 7 and not more than 10 Board members.
If, at the election for all Board members of the Local Aboriginal Land Council, 7, 8, 9 or 10 nominations are received, the persons nominated are taken to be elected as the Board members of the Council and the number of persons nominated is to be the number of Board members for the Council for the period for which the members are elected.
If, at the election for all Board members of the Local Aboriginal Land Council, more than 10 nominations are received, the number of Board members for the Council for the period for which the members are elected is to be 10.
If, at the election for all Board members of the Local Aboriginal Land Council, fewer than 7 nominations are received, the persons nominated are taken to be elected as Board members of the Council and the number of Board members for the Council for the period for which the members are elected is to be 7.
Section 68 of the Act provides for elections to fill casual vacancies (such as those created when positions are unfilled after a general Board election). See clause 41 for the filling of casual vacancies.
A Local Aboriginal Land Council having 100 or fewer voting members when an election for all Board members is held is to have not fewer than 5 and not more than 7 Board members.
If, at the election for all Board members of the Local Aboriginal Land Council, 5, 6 or 7 nominations are received, the persons nominated are taken to be elected as the Board members of the Council and the number of persons nominated is to be the number of Board members for the Council for the period for which the members are elected.
If, at the election for all Board members of the Local Aboriginal Land Council, more than 7 nominations are received, the number of Board members for the Council for the period for which the members are elected is to be 7.
If, at the election for all Board members of the Local Aboriginal Land Council, fewer than 5 nominations are received, the persons nominated are taken to be elected as Board members of the Council and the number of Board members for the Council for the period for which the members are elected is to be 5.
Section 68 of the Act provides for elections to fill casual vacancies (such as those created when positions are unfilled after a general Board election). See clause 41 for the filling of casual vacancies.
An election for a Board member is to be conducted by the Registrar as returning officer.
Section 63(6) of the Act provides that the Registrar is the returning officer for an election of Board members. Section 165A of the Act provides for the Registrar to delegate the Registrar’s functions in certain circumstances.
The chief executive officer of the Local Aboriginal Land Council must, not later than 48 hours before a meeting at which an election for one or more Board members is to take place, send a current copy of the Council’s membership roll, certified in a manner approved by the Registrar, to the Registrar.
If a copy of a membership roll is not provided in accordance with subclause (2), the Registrar is to—
(a) use the most recent copy of the Local Aboriginal Land Council’s membership roll kept by the Registrar under section 59 of the Act, and
(b) if the Registrar has delegated the Registrar’s functions as returning officer, provide a certified copy of the roll to the delegate before the election, if requested by the delegate.
The returning officer must not vote in the election.
A person may be nominated to stand for election as a Board member—
(a) by notice in writing to the returning officer at or before the time when nominations are called for at the meeting of the Local Aboriginal Land Council at which the election is held, or
(b) by any voting member present at that meeting.
Section 63 of the Act provides for who may nominate a person for election as a Board member and who may be nominated to stand for election as a Board member.
For a nomination to be valid the person nominated must give consent to the nomination before the election is held and the consent must be recorded in the minutes of the meeting.
A ballot must be held for the positions of Board members if—
(a) in the case of a Local Aboriginal Land Council referred to in clause 35—more than 10 nominations are received, or
(b) in the case of a Local Aboriginal Land Council referred to in clause 36—more than 7 nominations are received.
A ballot held under this clause must—
(a) be a secret ballot, and
(b) subject to this Division, be conducted in the manner determined by the Registrar.
The returning officer is to make all necessary arrangements for a ballot and may nominate a person (other than a voting member of the Local Aboriginal Land Council) to assist in those arrangements.
The candidates elected in accordance with clauses 35(2) and (4) and 36(2) and (4) must be declared elected.
If a ballot is to be held for the election of Board members, the returning officer must, after the close of nominations, determine the order in which the candidates’ names are to be listed on ballot-papers.
The order is to be determined by the returning officer or in the manner determined by the returning officer.
The returning officer must prepare a ballot-paper listing the names of the candidates in the order determined in accordance with this clause with a square opposite each name.
The returning officer is to direct the voting members present at the election meeting that each member must record a vote on the ballot-paper for one candidate by placing the number “1” (or a tick or cross) in the square opposite the name of the candidate.
The returning officer is to determine the processes for voting.
Without limiting subclause (5), the returning officer may require a person who wishes to vote in the election to state any particulars necessary for the purpose of identifying the name on the membership roll under which the vote is claimed.
The returning officer is to permit a person appointed by an elector to assist the elector to vote if—
(a) the returning officer is satisfied that the elector is unable to vote without assistance, or
(b) the elector makes an oral declaration to the returning officer that the elector objects on religious grounds to vote in the manner provided by the Act and this Regulation.
If an elector does not appoint a person under subclause (1), the returning officer must assist the elector to vote in the presence of—
(a) the scrutineers (if any) that are present, or
(b) if there are no scrutineers present, a deputy electoral officer or another person appointed by the elector.
The returning officer must as soon as practicable after voting takes place in a ballot under this Division—
(a) examine each ballot-paper and reject those which are informal, and
(b) proceed to count the votes in accordance with this clause.
The returning officer is to examine the ballot-papers and count the votes in the presence of any scrutineers and any other persons the returning officer thinks fit.
Each candidate may nominate a person present at the meeting to act as a scrutineer for the candidate.
A ballot-paper must be rejected as informal if the elector has failed to record the elector’s vote in the manner directed by the returning officer.
A ballot-paper is not to be rejected as informal merely because of any mark or writing that is not authorised or required by this Regulation if, in the opinion of the returning officer, the elector’s intention is clearly indicated on the ballot-paper.
In any election for Board members, the method of counting votes is to be the “first past the post” method, that is, the candidate or candidates with the most votes is or are taken to be elected.
If the number of candidates to be elected cannot be determined because of an equality of votes, the candidate taken to be elected is the candidate whose name is drawn by lot from a receptacle containing the names of each of the candidates having equal votes.
For the purposes of section 68 of the Act, an election to fill a vacancy in the position of a Board member must be held in accordance with this clause.
An election for the position is to be conducted by the Registrar.
A person may nominate another person to stand for election as a Board member by notice in writing to the returning officer or the returning officer’s delegate at or before the time when nominations are called for at the meeting of the Local Aboriginal Land Council at which the election is held.
For a nomination to be valid, the person nominated must give consent to the nomination before the election is held and the consent must be recorded in the minutes of the meeting of the Local Aboriginal Land Council at which the election is held.
If only one nomination is received for the position, the nominated candidate must be declared elected.
In any other case, a ballot must be held for each position.
A ballot held under this clause must be held in the same manner as a ballot for the position of a Board member and the provisions of this Division apply accordingly.
An election for the position of Chairperson or Deputy Chairperson of a Board is to be conducted by the chief executive officer of the Local Aboriginal Land Council in the manner determined by the Board members present at the first meeting of the Board after its election.
Subject to the Act, a decision by the returning officer on any matter relating to the conduct of an election is final if the decision is required or permitted to be made by the returning officer by this Regulation.
If the Registrar has delegated the Registrar’s functions as returning officer, the delegate must send all electoral material to the Registrar immediately after the declaration of the result of an election under this Division.
The Registrar must retain all nomination papers, ballot-papers and other papers in connection with an election under this Division for a period of not less than 3 months after the election takes place.
For the purposes of section 65 of the Act, the New South Wales Aboriginal Land Council must arrange training in relation to the operation of Local Aboriginal Land Councils, the Act and this Regulation, including training relating to the following—
(a) the principles of governance applicable to Local Aboriginal Land Councils,
(b) the rules of Local Aboriginal Land Councils,
(c) the role and functions of Board members and the chief executive officers of Local Aboriginal Land Councils,
(d) the role and functions of the New South Wales Aboriginal Land Council and the Chief Executive Officer of that Council,
(e) provisions of this Act and the regulations relating to misbehaviour and the role and functions of the Civil and Administrative Tribunal under the Act.
The New South Wales Aboriginal Land Council must review and update training materials, or courses, used for the purposes of this clause at least once every 2 years.
A Local Aboriginal Land Council must hold an annual meeting between 1 July and 30 September in each year.
Despite subclause (1), a Local Aboriginal Land Council is not required to hold an annual meeting within 6 months of its first meeting.
The procedure for the calling of meetings of a Local Aboriginal Land Council is to be as set out in the rules.
Notice of a meeting of a Local Aboriginal Land Council must—
(a) be published in a newspaper, magazine or periodical circulating in the area of the Local Aboriginal Land Council (whether in print or online), or
(b) be given to all the members of the Local Aboriginal Land Council by any other efficient and practicable means approved by the Council.
The notice must specify a time and place for the meeting and the date on which it is to be held, not being a date earlier than 7 clear days after the notice is given.
The notice of a meeting at which an election under Division 3 is to be held must also specify—
(a) that the election is to be held, and
(b) the classes of persons who are eligible to vote, and
(c) the classes of persons who are eligible to be nominated to stand or to be elected, or to nominate others to stand for election.
The following particulars are to be recorded on each Local Aboriginal Land Council membership roll—
(a) the name, residential address and date of birth of each person who is a member of the Local Aboriginal Land Council,
(b) the date of entry of the person’s name on the membership roll,
(c) whether the person is a voting or non-voting member of the Local Aboriginal Land Council,
(d) whether the person’s membership is based on residence in the Local Aboriginal Land Council’s area or association with that area or the person is a member because the person is an Aboriginal owner in relation to land within that area,
(e) whether the person is suspended from the Local Aboriginal Land Council,
(f) whether the person is a member of any other Local Aboriginal Land Council and, if so, the names of those other Local Aboriginal Land Councils.
For the purposes of section 59(1) of the Act, the copy of a Local Aboriginal Land Council’s membership roll must be sent to the Registrar not later than 10 weeks before the commencement of each financial year of the Council.
For the purposes of section 84(4) of the Act, a summary of a proposed community, land and business plan of a Local Aboriginal Land Council must contain a summary of each matter listed in section 83 of the Act (under headings that correspond to the paragraphs set out in that section).
The Local Aboriginal Land Council may include any other information that it thinks fit in the summary.
(Repealed)
(Repealed)
A meeting of the New South Wales Aboriginal Land Council must not be held in a residence unless a decision at a previous Council meeting allows for the meeting to be held at a residence.
An annual general meeting must be held between 1 July and 31 October in each year.
Notice of a meeting of the New South Wales Aboriginal Land Council must—
(a) be published in a newspaper, magazine or periodical circulating throughout the State (whether in print or online), or
(b) be given to all members of the New South Wales Aboriginal Land Council by any efficient and practicable means approved by the Council.
Notice of a meeting must specify a time and date for the meeting, not being a date earlier than 7 clear days after the notice is given.
Despite subclause (5), notice of a meeting may specify a date for the meeting that is not earlier than 2 clear days after the notice is given if the Chairperson and the Chief Executive Officer of the New South Wales Aboriginal Land Council think it appropriate in the circumstances.
A person is to be appointed in accordance with this clause to fill a casual vacancy in the office of a councillor representing a Region.
A person who is appointed to fill a casual vacancy is appointed as a councillor for the remainder of the term of office and has, therefore, all the functions of a councillor.
The Minister is to appoint the person who, at the time of the count at which the councillor was declared elected, was the candidate for election with the second highest number of votes.
If no person is available for appointment in accordance with subclause (2), the Minister is, after consulting with the New South Wales Aboriginal Land Council, to appoint a person who is qualified to be a candidate for election to the position (whether or not the person was a candidate for election).
This clause does not apply to a casual vacancy in the office of a councillor caused by the operation of section 226(2) of the Act (being a casual vacancy caused by the removal of all councillors from office after the appointment of an administrator to administer all of the functions of the New South Wales Aboriginal Land Council).
(Repealed)
For the purposes of section 131 of the Act, the New South Wales Aboriginal Land Council must arrange training for each councillor elected for the first time to the New South Wales Aboriginal Land Council in relation to the operation of the Council, the Act and this Regulation, including training relating to the following—
(a) the principles of governance applicable to the New South Wales Aboriginal Land Council,
(b) the rules of the New South Wales Aboriginal Land Council,
(c) the role and functions of councillors and the Chief Executive Officer of the New South Wales Aboriginal Land Council,
(d) the role and functions of Local Aboriginal Land Councils,
(e) provisions of the Act and the regulations relating to misbehaviour and the role and functions of the Civil and Administrative Tribunal under the Act.
The New South Wales Aboriginal Land Council must review and update training materials, or courses, used for the purposes of this clause at least once every 2 years.
The returning officer is, as soon as practicable after being notified of the date of an election of all councillors under section 122(2) of the Act, to give notice of the election by causing it to be published in a manner that, in the opinion of the returning officer, is appropriate to cause the notice to come to the attention of persons eligible to vote in the election.
The notice must state the following—
(a) that an election is to be held for a councillor to represent the Region,
(b) that a person is entitled to vote at the election if the person is a voting member of a Local Aboriginal Land Council within the Region,
(c) that a person is, however, only entitled to cast a vote in respect of the Local Aboriginal Land Council area for which the person is a voting member,
(d) how information concerning the procedure for being listed on a roll can be accessed,
(e) that the roll of a Local Aboriginal Land Council may be inspected at the office of the Council during normal office hours,
(f) the date on which the roll for the election will be closed.
The date fixed for the closing date of the roll must be not earlier than 14 clear days and not later than 21 clear days after the date notice of the election was given.
The chief executive officer of each Local Aboriginal Land Council must, not later than 7 clear days after the closing date specified in the relevant notice of election, send a current copy of the Council’s membership roll to the Registrar that is certified in a manner approved by the Registrar.
For the Act, section 60(a), the copy of the membership roll sent under subclause (1) must—
(a) list the members in alphabetical order by surname, and
(b) have a consecutive number listed next to each member.
Within 14 clear days after the certified copies of the membership rolls for the Local Aboriginal Land Councils have been sent to the Registrar, the Registrar must—
(a) ensure that the consolidated membership roll kept by the Registrar is current, and
(b) prepare an electoral roll for each Region that contains the names of each voting member of a Local Aboriginal Land Council in that Region, and
(c) certify each electoral roll in the form set out in Form 5 of Schedule 5, and
(d) send the rolls to the returning officer.
If the chief executive officer of a Local Aboriginal Land Council fails for any reason to provide the Registrar with a certified copy of the membership roll of the Local Aboriginal Land Council, the Chairperson of the Board of the Local Aboriginal Land Council may certify and send to the Registrar a copy of the membership roll for the Local Aboriginal Land Council.
If the chief executive officer and the Chairperson of the Board of a Local Aboriginal Land Council do not provide the Registrar with a certified copy of the membership roll of the Local Aboriginal Land Council, the Registrar may compile a membership roll and certify a copy of the roll.
The returning officer may appoint—
(a) a regional electoral officer for a Region to assist in taking the poll for an election of a councillor to represent the Region, and
(b) one or more deputy electoral officers to assist in taking the poll.
The regional electoral officer and deputy electoral officers are to assist the returning officer in the exercise of any of the returning officer’s functions that are specified by the returning officer.
A person who is nominated for election as a councillor cannot be appointed as a returning officer, regional electoral officer or deputy electoral officer in relation to that election.
If a person who is a regional electoral officer or deputy electoral officer becomes a candidate for an election, the person ceases to be the regional electoral officer or deputy electoral officer, as the case requires.
This clause is repealed on the commencement of the Aboriginal Land Rights Amendment Act 2022, Schedule 2.1[17].
The returning officer may appoint a regional electoral officer for a Region to assist in taking the poll for an election of a councillor to represent the Region.
The regional electoral officer may appoint one or more deputy electoral officers to assist in taking the poll.
The regional electoral officer and deputy electoral officers are to assist the returning officer in the exercise of any of the returning officer’s functions that are specified by the returning officer.
A person who is nominated for election as a councillor cannot be appointed as a returning officer, regional electoral officer or deputy electoral officer in respect of that election.
If a person who is a regional electoral officer or deputy electoral officer becomes a candidate for an election, the person ceases to be the regional electoral officer or deputy electoral officer (as the case requires).
The returning officer, after receiving the certified rolls for all the Local Aboriginal Land Council areas in a Region, is to give notice—
(a) stating that an election of a councillor for that Region is to be held, and
(b) specifying the address of the office of the returning officer as the address where nominations are to be lodged, and
(c) inviting nominations, and
(d) fixing the close of nominations, and
(e) fixing the day for taking the poll, being a day not more than 28 clear days after the close of nominations.
The returning officer is to give the notice by causing it to be published in a manner that, in the opinion of the returning officer, is appropriate to cause the notice to come to the attention of persons eligible to nominate a person, or be nominated, as a candidate for election.
The date fixed for the close of nominations must be not earlier than 21 clear days and not later than 28 clear days after the date of the notice inviting nominations.
The returning officer may fix a day for the close of nominations or the taking of the poll that is later than the day fixed by a previous notice.
The returning officer may fix a later day under this clause only if the returning officer is of the opinion that the election would otherwise fail.
The returning officer must give notice of the later day in the same manner as the previous notice of the election.
A notice published under this clause must not fix a day for the taking of the poll more than 14 clear days after the day fixed for that purpose by the previous notice.
A nomination of a candidate for election as a councillor must—
(a) be made by no fewer than 6 persons (other than the candidate), each of whom is entitled to vote in the election, and
(b) be in a form approved by the returning officer, and
(c) specify the form of the candidate’s given name that should be printed on ballot-papers for the election, and
Note— The form of a candidate’s given name may only be that on the roll or in a form referred to in subclause (5).
(d) be signed by the candidate stating that the candidate consents to the nomination and is qualified to stand for election, and
(e) be accompanied by a statutory declaration by the candidate, in a form approved by the returning officer, that the candidate is not disqualified from holding office under section 132 of the Act, and
(f) be accompanied by a deposit of $50 paid in a manner approved by the returning officer, and
(g) be lodged with the returning officer before the close of nominations in the election.
A person can only nominate one candidate in an election of a councillor for a Region.
A nomination paper is not open for public inspection.
A failure to comply with the requirements of subclause (1) in relation to the nomination of a candidate must be rectified by the candidate before the date fixed for the close of nominations.
A given name of a candidate specified in a nomination paper under subclause (1)(c) as the form in which that name should be printed on ballot-papers for the election may differ from the candidate’s given name as it appears on the roll only to the extent that the given name is specified by—
(a) an initial standing for that name, or
(b) a commonly accepted variation of the name (including an abbreviation or truncation of that name or an alternative form of that name), or
(c) a commonly used other name specific to the candidate by which the candidate is usually identified (if the returning officer is satisfied that the proposed name is a commonly used other name specific to the candidate by which the candidate is usually identified).
The returning officer is to reject the nomination of a person as a candidate at an election if—
(a) the person is not qualified to stand for election, or
(b) the person is not nominated in accordance with clause 60 and any failure to comply with the requirements of clause 60(1) is not rectified as provided by that clause.
The deposit accompanying the nomination is to be retained pending the election.
After the election, the deposit accompanying a nomination is to be returned to the candidate, or to a person authorised by the candidate in writing to receive it, if—
(a) the nomination of the person as a candidate has been rejected, or
(b) the candidate is elected, or
(c) the total number of votes polled in the candidate’s favour as first preferences is more than 4 per cent of the total number of first preference votes polled in the election.
In the case of the death of the candidate before the date of the election, the deposit is to be returned to the candidate’s legal personal representative.
The deposit is to be returned to the candidate, or to a person authorised by the candidate in writing to receive it, if the candidate withdraws the nomination before the close of nominations.
Unless otherwise provided by this clause, the deposit is forfeited to the New South Wales Aboriginal Land Council if—
(a) the candidate is not elected, and
(b) the total number of votes polled in the candidate’s favour as first preferences is not more than 4 per cent of the total number of first preference votes polled in the election.
A candidate at an election may withdraw the nomination by notice in writing delivered to the returning officer at any time before the close of nominations.
A person duly nominated by the close of nominations is taken to be elected if no other person has been duly nominated by that time.
A ballot is to be held if more than one person has been duly nominated by the close of nominations.
If a ballot is to be held, the returning officer is to publish a notice stating the following—
(a) that a poll will be taken,
(b) the following information relating to each candidate for election—
(i) the candidate’s name,
(ii) the town, suburb or locality in which the candidate resides,
(iii) the Local Aboriginal Land Council of which the candidate is a voting member,
(c) the addresses of the polling places and the day and the hours during that day that the polling places will be open for voting,
(d) that postal voting facilities will be available for electors unable to vote at a polling place.
The notice is to be published—
(a) on the New South Wales Electoral Commission’s website, and
(b) in any other manner determined by the returning officer.
If a poll is to be taken in respect of an election, the returning officer must, as soon as practicable after the close of nominations, determine the order in which the candidates’ names are to be listed on ballot-papers by randomly selecting names of candidates nominated for election in a manner specified by the New South Wales Electoral Commission (including by electronic means).
The ballot-paper for an election must—
(a) list the names of the candidates, together with the name of the Local Aboriginal Land Council of which the respective candidates are members and on the basis of the membership of which the candidates are standing for election, in the order determined in accordance with clause 66 with a square opposite each name, and
(b) include the surname of each candidate in more conspicuous type than that used for the given name of the candidate and the name of the relevant Local Aboriginal Land Council of which the candidate is a voting member, and
(c) include the given name of each candidate in the form specified in the candidate’s nomination paper as provided by clause 60(1)(c), and
(d) if, in the opinion of the returning officer, the names of 2 or more candidates are so similar as to cause confusion, include other matter that will, in the opinion of the returning officer, distinguish between those candidates, but must not include the address of any candidate, and
(e) include any directions as to the manner in which the vote is to be recorded as are referred to in clause 68 and as the returning officer considers appropriate.
The directions to electors must include a direction that the elector—
(a) must record a vote on the ballot paper by placing the number “1” in the square opposite the name of the candidate for whom the elector desires to give the elector’s first preference vote, and
(b) may, if the elector wishes, vote for additional candidates by placing consecutive numbers beginning with the number “2” in the squares opposite the names of those additional candidates in the order of the elector’s preferences for them.
An elector may, after the returning officer gives notice of an election, apply to vote by post.
An application to vote by post must be in the manner and form approved by the returning officer.
The returning officer is not required to accept an application received after 6 pm on the day that is 5 days before polling day.
The returning officer is to number, in consecutive order, each application to vote by post received.
If the returning officer receives an application to vote by post that is made in accordance with clause 69, the returning officer is to deliver or post to the elector who made the application—
(a) a ballot-paper—
(i) initialled by or on behalf of the returning officer, and
(ii) if the particulars of the candidates are not already printed on it—on which the returning officer has entered the names of the candidates in the order determined in accordance with clause 66, and
(b) an envelope bearing the declaration set out in Form 6 of Schedule 5 (a
postal vote declaration ) on which the returning officer has filled in the full name of the elector and the number given to the elector’s application as referred to in clause 69(4), and(c) an envelope bearing the address of the returning officer.
The returning officer is to note on a certified copy of the roll the names of the electors to whom the returning officer has delivered or posted a ballot-paper under this clause.
An elector to whom a ballot-paper has been delivered or posted under this clause is not entitled to vote at a polling place unless the elector first delivers the elector’s ballot-paper to a deputy electoral officer for cancellation.
However, the elector may be permitted to vote if—
(a) either—
(i) the elector makes a declaration in an approved form that the elector has not received, or has lost, the ballot-paper or the declaration envelope or both, or
(ii) despite a mark on the roll that indicates a ballot-paper has been delivered or posted to the elector, the elector states that the elector has not applied to vote by post, and
(b) the elector makes a declaration in an approved form that the elector will not use the ballot-paper or the declaration envelope if the elector later receives or finds them.
If an elector to whom a ballot-paper has been delivered or posted satisfies the returning officer that the elector has spoilt the ballot-paper by mistake or accident, the elector may, on giving it up, receive a new ballot-paper from the returning officer.
The returning officer must cancel and preserve the spoilt ballot-paper.
An elector who wishes to vote by post is, on receipt of a ballot-paper, to do the following—
(a) show to a witness the ballot-paper and the postal vote declaration delivered or sent by the returning officer under clause 70, and
(b) in the presence of the witness, and if the facts on the declaration are correct, sign the declaration in the space provided.
The witness is to sign the declaration and complete the spaces in it for the address of the witness and the date on which the declaration is signed. The witness is to do those things only if the witness—
(a) is at least 18 years old and is not a candidate for election as a councillor in the Region in which the election is being held, and
(b) is satisfied as to the elector’s identity, and
(c) has seen the elector sign the declaration, and
(d) is satisfied that the statements in the declaration are true.
The elector is then to do the following in the presence of the witness, but without showing the witness how the elector has voted—
(a) vote as directed on the ballot-paper,
(b) fold the ballot-paper so that the vote cannot be seen,
(c) place the folded ballot-paper in the envelope bearing a signed postal vote declaration and seal that envelope,
(d) place the sealed envelope bearing the signed postal vote declaration inside the envelope addressed to the returning officer and seal that envelope.
The elector must—
(a) post the envelope, or
(b) deliver the envelope to a regional electoral officer or a deputy electoral officer before 6pm on election day.
A regional electoral officer or deputy electoral officer who receives an envelope in accordance with subsection (4)(b) must, as soon as reasonably practicable, forward the envelope to the returning officer.
This clause applies to each envelope purporting to contain a postal ballot-paper that is received by the returning officer before 6 pm on the thirteenth day immediately following the close of the poll.
The returning officer must, in respect of each envelope—
(a) check if the declaration on the envelope containing the ballot-paper has been duly signed and witnessed, and
(b) if the officer is satisfied that the declaration has been duly signed and witnessed, accept the ballot-paper for further scrutiny.
If a ballot-paper is accompanied by, but is not inside, an envelope bearing a declaration that has been duly signed and witnessed, the returning officer may accept the ballot-paper for scrutiny, but only if the returning officer is satisfied that the declaration relates to that ballot-paper.
If the envelope has been accepted for further scrutiny, the returning officer must—
(a) send the envelope and ballot-paper to the regional electoral officer for the Region for which the elector has cast a vote in time to reach that officer before the close of the poll, or
(b) if the returning officer is of the opinion that the envelope cannot be sent to the regional electoral officer in order to reach the officer before the close of the poll, count and inform the regional electoral officer of—
(i) the first preference votes which are recorded for each candidate on the ballot-papers, and
(ii) if necessary, the additional preference votes which are recorded on the ballot-papers.
A ballot-paper that is not accepted for further scrutiny must be set aside, together with the other ballot papers that have not been accepted for further scrutiny, without unfolding or otherwise examining the ballot-paper.
The returning officer is to appoint for each Local Aboriginal Land Council area as many polling places as the returning officer considers necessary for the purpose of taking a poll at an election.
The returning officer must not appoint a polling place for a Local Aboriginal Land Council area if the returning officer is satisfied that there are no voting members residing in that Local Aboriginal Land Council area.
A polling place for a Local Aboriginal Land Council area may—
(a) be within the Local Aboriginal Land Council area, or
(b) if the returning officer is satisfied it would enhance the convenience of a large number of voters for a Local Aboriginal Land Council area—be outside of the Local Aboriginal Land Council area.
The returning officer may appoint the same polling place for more than one Local Aboriginal Land Council area.
The returning officer may designate one or more polling places to be a special polling place.
The returning officer may revoke the appointment of a polling place, but only if—
(a) there will be at least one polling place remaining for the Local Aboriginal Land Council area concerned after the revocation, or
(b) the returning officer is satisfied that there are no voting members residing in the Local Aboriginal Land Council area concerned, or
(c) the returning officer determines that the polling place cannot be used due to an event (such as fire, flood, storm or earthquake) that—
(i) causes a failure of, or a significant disruption to, an essential service or infrastructure in the Local Aboriginal Land Council area concerned, or
(ii) destroys or damages, or threatens to destroy or damage, property in the Local Aboriginal Land Council area concerned, or
(iii) endangers, or threatens to endanger, the safety or health of persons in the Local Aboriginal Land Council area concerned.
The returning officer is to cause notice of the revocation of a polling place to be published on the New South Wales Electoral Commission’s website at a time determined by the returning officer.
The returning officer is to make all the necessary arrangements for taking the poll at polling places.
Immediately before proceeding to take the poll at each polling place, a deputy electoral officer must exhibit for the inspection of any candidate, scrutineer or other person present, a ballot-box open and empty and must immediately afterwards close and seal it and place it on the table at which the officer is to preside in full view of all persons present at the polling place.
A ballot-box must be kept, sealed and unopened, at the polling place until the close of the poll, except as provided by this clause.
A ballot-box at a special polling place must—
(a) be closed and sealed by a deputy electoral officer at the end of voting on any day on which votes have been cast at the special polling place, to prevent an additional ballot-paper being put into the ballot-box without breaking the seal, and
(b) be transported, or caused to be transported, by the deputy electoral officer to a polling place specified by the returning officer for scrutiny and counting in accordance with Division 6 at the close of the poll.
For the purposes of Division 6, a ballot-box transported to a polling place in accordance with subclause (4)(b) is taken to be a ballot-box containing ballot-papers of electors voting at that polling place.
Despite subclause (3), the ballot-box used at a special polling place may, with the approval of the returning officer, be re-used at another special polling place without being emptied.
If a ballot-box is to be re-used without being emptied, a deputy electoral officer must—
(a) exhibit for the inspection of any candidate, scrutineer or other person present at the second or subsequent special polling place, the unbroken seal affixed to the ballot-box in accordance with subclause (4)(a), and
(b) break the seal to allow ballot-papers to be added to the ballot-box, while the special polling place is open, and
(c) place the ballot-box on the table at which the deputy electoral officer is to preside in full view of all persons present at the polling place.
Each polling place, other than a special polling place, is to be open for voting on polling day between the hours of 8 am and 6 pm.
The returning officer may, in accordance with subclause (3), specify days and hours during which a specified special polling place is to be open to allow for the casting of votes.
A special polling place may be open for voting at any time between—
(a) 9 am on the day after the date fixed for the close of nominations, and
(b) 6 pm on polling day.
Before being handed a ballot-paper, a deputy electoral officer is to put the following questions to each person attending at the polling place and claiming to vote—
(a) What is your full name?
(b) Have you voted before in this election?
If the answer to the question specified in subclause (1)(a) given by a person claiming to vote is not sufficient to distinguish that person from another person on the roll, the deputy electoral officer may, for the purpose of distinguishing the 2 persons, ask the person claiming to vote another question or other questions relating to matters shown on the roll in relation to those persons.
A person’s claim to vote in the election is to be rejected if the person—
(a) refuses to answer fully any question put to the person under this clause, or
(b) answers “Yes” or otherwise in the affirmative to the question referred to in subclause (1)(b).
A deputy electoral officer may, and at the request of any scrutineer must, put to any person claiming to vote all or any of the following questions—
(a) Are you the person whose name appears as [
here state name under which the person claims to vote ] on the roll for this election?(b) Are you of or above the age of 18 years?
(c) Have you already voted at this election?
(d) Are you disqualified from voting in that you are not a voting member of the [
here state name of relevant Local Aboriginal Land Council ] within the [here state name of relevant Region ]?(e) Do you ordinarily reside in the [
here state name of relevant Local Aboriginal Land Council ] area?(f) Are you currently suspended as a member of the [
here state name of relevant Local Aboriginal Land Council ] under its rules?(g) Are you aware that a suspension will disqualify you from voting in this election?
(h) Have you voted in any other Local Aboriginal Land Council area in this election?
(i) Are you aware that you may only vote once in this election?
If a person refuses to answer fully any question put to the person by the deputy electoral officer, or by the person’s answer shows that they are not entitled to vote, the person’s claim to vote must be rejected.
The voter’s answers to the questions are to be conclusive, and the matter is not to be further inquired into during the polling.
An omission of any given name or names, or entry of a wrong given name or names or wrong address, or a mistake in the spelling of any surname, does not warrant the rejection at the polling of any claim to vote if the elector is sufficiently identified in the opinion of a deputy electoral officer.
An elector is not disqualified from voting under the name appearing on the roll because the elector’s surname has been changed as a result of marriage but, in that case, a note of the fact is to be made by a deputy electoral officer.
Before delivering a ballot-paper to an elector, a deputy electoral officer must initial the ballot-paper on the front.
A deputy electoral officer must keep an exact account of all ballot-papers.
A deputy electoral officer must mark off the roll the name of any elector to whom the officer delivers a ballot-paper.
On receipt of a ballot-paper an elector must, without delay—
(a) retire alone to some unoccupied compartment of a booth at the polling place and there in private record the elector’s vote on the ballot-paper in accordance with the directions shown on it, and
(b) fold the ballot-paper so as to conceal the names of the candidates and then immediately deposit it in the ballot-box, and
(c) leave the polling place.
If an elector satisfies a deputy electoral officer, before the elector’s ballot-paper is deposited in the ballot-box, that the elector has spoilt the ballot-paper by mistake or accident, the elector may, on giving it up, receive a new ballot-paper from the officer.
The deputy electoral officer must cancel and preserve the spoilt ballot-paper.
A deputy electoral officer is to permit a person appointed by the elector to assist an elector to vote if—
(a) the deputy electoral officer is satisfied that the elector is unable to vote without assistance, or
(b) the elector makes an oral declaration to the returning officer that the elector objects on religious grounds to vote in the manner provided by the Act and this Regulation.
If an elector does not appoint a person under subclause (1), the returning officer must assist the elector to vote in the presence of—
(a) the scrutineers (if any) that are present, or
(b) if there are no scrutineers present, a deputy electoral officer or another person appointed by the elector.
A person claiming to vote at a polling place may vote under this clause even though—
(a) a mark on the roll indicates that the person has already voted at the polling place or before polling day, if the person’s answers to the questions put to the person by a deputy electoral officer show that the person is entitled to vote, or
(b) (Repealed)
(c) the person’s name cannot be found on the roll, if the person claims to be entitled to be enrolled as an elector for the election.
A person voting under this clause must, after recording the person’s vote on the ballot-paper—
(a) place the completed ballot-paper, folded so that the vote cannot be seen, in an envelope which is addressed to the deputy electoral officer and on which the person has made a written declaration specifying the ground on which the person claims to vote, and
(b) sign the declaration in the person’s own handwriting, and
(c) seal the envelope, and
(d) hand the envelope to the deputy electoral officer.
The deputy electoral officer must inform the regional electoral officer of the names of all persons who have voted under this clause and, at the completion of the count of first preference votes following the close of the poll, must send all envelopes purporting to contain ballot-papers of those persons to the regional electoral officer.
The regional electoral officer must examine the declarations on all envelopes purporting to contain ballot-papers of persons voting under this clause and if, after making any inquiries the officer considers necessary—
(a) the regional electoral officer is satisfied that the person who signed the declaration on the envelope is entitled to vote—withdraw from the envelope all ballot-papers for further scrutiny and, without inspecting or unfolding the ballot-papers or allowing any other person to do so, place them in a locked ballot-box for further scrutiny under Division 6, or
(b) the regional electoral officer is not so satisfied—reject the ballot-papers purported to be contained in the envelope, without opening the envelope.
Without limiting subclause (4), the returning officer may make inquiries of the Registrar for the purposes of making inquiries under subclause (4).
Each candidate for election is entitled to appoint by notice in writing—
(a) one scrutineer to act on the candidate’s behalf at the taking of votes at each polling place, and
(b) one scrutineer to act on the candidate’s behalf at the place where postal ballot-papers are received, and
(c) one scrutineer to act on the candidate’s behalf at the scrutiny.
At the close of the poll, a deputy electoral officer must, in the presence of any scrutineers who choose to be present, but no others—
(a) unseal the ballot-boxes containing ballot-papers of electors voting at the polling place, and
(b) remove those ballot-papers from the ballot-boxes, and
(c) examine each ballot-paper and reject those which are informal, and
(d) proceed to count the votes and ascertain the number of first preference votes recorded for each candidate.
At the scrutiny, a ballot-paper must be rejected as informal if—
(a) it is neither initialled by a deputy electoral officer nor bears a mark prescribed as an official mark for the purposes of section 165(3)(c) of the Electoral Act 2017, or
(b) the elector has failed to record the elector’s vote in the manner directed on the ballot-paper, or
(c) it has on it any mark or writing which, in the opinion of a deputy electoral officer, will enable any person to identify the elector.
A ballot-paper is not to be rejected as informal merely because of any mark or writing which is not authorised or required by this Regulation (not being a mark or writing referred to in subclause (1)(c)) if, in the opinion of the deputy electoral officer, the elector’s intention is clearly indicated on the ballot-paper.
A ballot-paper is not to be rejected as informal merely because—
(a) the same preference (other than the elector’s first preference) has been recorded on the ballot-paper for more than one candidate, but the ballot-paper must be treated as if those preferences and any subsequent preferences had not been recorded on the ballot-paper, or
The business of the annual meeting is to include—
(a) the receipt of an Annual Report of the activities of the Council, presented by the Chairperson, and
(b) the receipt of the audited financial statements for the previous financial year, and
(c) the conduct of any other business placed on the agenda before the commencement of the meeting.
The Council may appoint sub-committees for the purposes of investigating proposals and presenting findings and suggestions to the councillors at a meeting.
A sub-committee is to meet as directed by the Council or, in the absence of a direction, as often as it sees fit.
A decision of a sub-committee is not a decision of the Council.
Any money received for the Council must be promptly deposited into the Council’s account with an authorised deposit-taking institution and a receipt must be issued for the money.
A payment in excess of $50 made by the Council is to be paid by cheque signed by any 2 of the persons authorised by the Council to be signatories of the Council’s accounts.
The Chairperson and Deputy Chairperson and those members of the staff of the Council as are approved by the Council for the purpose are to be authorised by the Council to be signatories of the Council’s accounts.
The Chief Executive Officer is to pay all bills and accounts of the Council.
Proper records are to be kept of all receipts, payments and other financial transactions in accordance with the requirements of the Public Finance and Audit Act 1983.
Financial budgets and statements are to be prepared and a report submitted on the finances to each Council meeting.
The council roll, minutes of each meeting, attendance lists of each meeting and all financial records (the
The Chief Executive Officer is to make the Council records available for inspection by any councillor at the times directed by the Council.
A councillor is not to remove original documents or records from the place in which they are made available for inspection by the Chief Executive Officer.
The property of the Council which is in the possession of or under the control of an office-bearer whose term of office has expired is to be handed over to a remaining office-bearer or to the office-bearer’s successor, as the Council directs.
In subrule (4)—
The Council may provide for a common seal.
The common seal must not be affixed without the authority of the Council.
The common seal may be affixed to a document only in the presence of 2 councillors with an attestation by the signatures of the councillors of the fact of affixing the seal.
The Council may amend these Rules by a resolution passed at a meeting of which notice under the Regulation, including notice of the proposed amendment, has been given.
The Registrar must be notified in writing of the amendment and the amendment is not effective unless the Registrar has given approval in writing to the amendment being made.
The primary duty of the Chairperson is to ensure the successful functioning of the Council and the achievement of its objectives.
Accordingly, the Chairperson must—
(a) uphold the rules of the Council, and
(b) preside at Council meetings, and
(c) represent and act, subject to the instructions of a Council meeting, on behalf of the Council in the interval between meetings.
In particular, the Chairperson must—
(a) before each Council meeting—
(i) consult with the Chief Executive Officer in the preparation of an agenda, and
(ii) ensure that the notice of the meeting conforms with the Regulation, and
(iii) check the accuracy of any minutes of previous meetings being presented to the meeting for acceptance, and
(iv) read over any correspondence or other material to be brought forward at the meeting, and
(b) call meetings and give the proper notice for meetings in accordance with the Regulation, and
(c) open the meeting when a quorum is present and ask for any apologies to be tabled, and
(d) sign minutes of previous meetings as correct when they have been accepted by the meeting, and
(e) preserve order and warn any councillor who is causing a disturbance at a meeting that the councillor may be removed, and
(f) order the removal from the meeting of any councillor who, having been already warned, continues to cause a disturbance, and
(g) ensure that debates are conducted in the correct manner and, in particular, that there is one speaker at a time, and
(h) rule “out of order” any motion which involves the Council acting outside its functions or powers under the Act or any other statute or rule of law, and
(i) close or adjourn the meeting when—
(i) a motion to that effect is carried, or
(ii) all business has been finished, or
(iii) the meeting is excessively disorderly and the Chairperson is unable to restore order, or
(iv) a quorum of councillors is no longer present.
The Chief Executive Officer of the Council must—
(a) maintain a Council Roll showing details of names, addresses, the Regions which councillors represent and the date of the election of councillors, and
(b) maintain an official minute book of the Council containing the minutes taken by the minute secretary under Rule 3 in respect of each meeting, and
(c) maintain a file containing the attendance lists for each meeting of the Council showing the names of all the members who attend the meeting together with the signature of each member who is present as prepared under Rule 5, and
(d) prepare an agenda, in consultation with the Chairperson, before each meeting, and
(e) maintain any correspondence to and from the Council and inform the Council of the correspondence, and
(f) send to the Minister an Annual Report, approved by a meeting of the Council, of the Council’s work and activities for the 12 months ending 30 June each year, and
(g) send to the Auditor-General a copy of the report referred to in paragraph (f), and
(h) keep the Council’s common seal in safe custody, and
(i) represent and act, subject to the instructions of a Council meeting, on behalf of the Council in the interval between meetings.
The Chief Executive Officer of the Council must—
(a) ensure that financial statements, together with an auditor’s certificate in relation to a statement, are submitted to each annual meeting, and
(b) (Repealed)
(c) submit a financial statement at each Council meeting, and
(d) represent and act, subject to the instructions of a Council meeting, on behalf of the Council in the interval between meetings, and
(e) submit to the Council details of any expenditure which in the Chairperson’s opinion contravenes the Act or the wishes of the majority of the councillors, or both.
The code of conduct set out in this Schedule is the prescribed code of conduct for all Local Aboriginal Land Councils.
The [
Officers must uphold the objectives of the [
As the conduct of an individual officer can reflect on the wider Aboriginal Land Council network as a whole, this Code sets out what are considered to be appropriate standards of conduct by officers.
Officers must refrain from conduct or action that detracts from the reputation of the [
Officers are required to exercise complete probity, honesty and diligence in carrying out their duties and responsibilities.
Officers must at all times safeguard the interests of the [
Officers must not enter into any agreement or undertake any activity that may be in conflict with the interests of the [
Officers must not use confidential information gained in the performance of their duties for any personal gain or in a manner that could be detrimental to the [
Officers must exercise due care and diligence in performing their duties and ensure that their knowledge, skills and technical competencies suffice to discharge their responsibilities.
Officers are to acknowledge that this Code is to be adhered to both in spirit and to the letter, so that an officer’s conduct is governed by the highest standards of personal and ethical behaviour.
Officers of the [
(a) assault or threaten to assault another officer or person present at the meeting,
(b) move or attempt to move a motion or an amendment that has an unlawful purpose or that deals with a matter that is outside the jurisdiction of the Council or Board, or address or attempt to address the Council or Board on such a motion,
(c) insult or make personal reflections on or impute improper motives to another officer,
(d) say or do anything that is inconsistent with maintaining order at the meeting or is likely to bring the Council or Board into contempt.
The code of conduct set out in this Schedule is the prescribed code of conduct for the New South Wales Aboriginal Land Council.
The New South Wales Aboriginal Land Council requires its councillors to observe the highest standards of conduct and ethical behaviour in all of their activities. By maintaining such standards, councillors enhance their own standing as representatives of the Aboriginal community and increase the public confidence in the management and administration of the New South Wales Aboriginal Land Council.
Councillors must uphold the objectives of the New South Wales Aboriginal Land Council and abide by the Aboriginal Land Rights Act 1983 and associated legislation, as well as policies and procedures established by the New South Wales Aboriginal Land Council.
As the conduct of an individual councillor can reflect on the wider Aboriginal Land Council network as a whole, this Code sets out what are considered to be appropriate standards of conduct by councillors.
Councillors must refrain from conduct or action that detracts from the reputation of the New South Wales Aboriginal Land Council.
Councillors are required to exercise complete probity, honesty and diligence in carrying out their duties and responsibilities.
Councillors must at all times safeguard the interests of the New South Wales Aboriginal Land Council and Local Aboriginal Land Councils and their members, provided that councillors must not knowingly be party to any illegal or unethical activity.
Councillors must not enter into any agreement or undertake any activity that may be in conflict with the interests of the New South Wales Aboriginal Land Council or Local Aboriginal Land Councils, or that would prejudice the performance of their duties.
Councillors must not use confidential information gained in the performance of their duties for any personal gain or in a manner that could be detrimental to the New South Wales Aboriginal Land Council or Local Aboriginal Land Councils.
Councillors must exercise due care and diligence in performing their duties and ensure that their knowledge, skills and technical competencies suffice to discharge their responsibilities.
Councillors are to acknowledge that this Code is to be adhered to both in spirit and to the letter, so that a councillor’s conduct is governed by the highest standards of personal and ethical behaviour.
Councillors must not, at a meeting of the Council, do any of the following things—
(a) assault or threaten to assault another officer or person present at the meeting,
(b) move or attempt to move a motion or an amendment that has an unlawful purpose or that deals with a matter that is outside the jurisdiction of the Council, or address or attempt to address the Council on such a motion,
(c) insult or make personal reflections on or impute improper motives to another officer,
(d) say or do anything that is inconsistent with maintaining order at the meeting or is likely to bring the Council into contempt.
(Clauses 5, 56(2)(c) and 70(1)(b))
I, [
Schedule 1—Description of land dealing
Schedule 2—Conditions on land dealing
[
Signed by the Chief Executive Officer
of the New South Wales Aboriginal Land
Council pursuant to section 42D(2) of the
Aboriginal Land Rights Act 1983
I, [
Schedule 1—Description of land dealing
Schedule 2—Conditions on land dealing
[
Signed by the Chief Executive Officer
of the New South Wales Aboriginal Land
Council pursuant to section 42K(1) of the
Aboriginal Land Rights Act 1983
I, [
(a) the registration, under the Real Property Act 1900, of the instrument is authorised under the Aboriginal Land Rights Act 1983, or
(b) the registration, under Division 3 of Part 23 of the Conveyancing Act 1919, of the instrument is authorised under the Aboriginal Land Rights Act 1983, or
(c) the making of a recording in respect of the instrument in the Register or the General Register of Deeds is authorised under the Aboriginal Land Rights Act 1983.
Schedule 1—Description of instrument
[
Signed by the Chief Executive Officer
of the New South Wales Aboriginal Land
Council pursuant to section 42D(3) of the
Aboriginal Land Rights Act 1983
I, [
(a) the instrument, being [
type of instrument ], specified in Schedule 1 is a registrable instrument giving effect to or forming part of a land dealing by the [name ] Aboriginal Land Council approved by the New South Wales Aboriginal Land Council under Division 4 of Part 2 of the Aboriginal Land Rights Act 1983, and(b) any conditions of that approval have been met, and
(c) any community development levy payable in respect of that land dealing has been paid.
I certify that, as appropriate for the instrument—
(a) the registration, under the Real Property Act 1900, of the instrument is authorised under the Aboriginal Land Rights Act 1983, or
(b) the registration, under Division 3 of Part 23 of the Conveyancing Act 1919, of the instrument is authorised under the Aboriginal Land Rights Act 1983, or
(c) the making of a recording in respect of the instrument in the Register or the General Register of Deeds is authorised under the Aboriginal Land Rights Act 1983.
Schedule 1—Description of instrument
[
Signed by the Chief Executive Officer
of the New South Wales Aboriginal Land
Council pursuant to section 42K(2) of the
Aboriginal Land Rights Act 1983
I, [
Date: [
Application No (
I, [
1 I have not already voted in connection with this New South Wales Aboriginal Land Council election.
2 To the best of my knowledge and belief I am entitled to vote and am enrolled on the electoral roll for this election.
3 The postal vote to which this declaration relates was completed before the close of the poll in the election.
[
[
I, [
1 I am at least 18 years old and am not a candidate for election as a councillor at this New South Wales Aboriginal Land Council election.
2 I am satisfied as to the identity of the elector.
3 I have seen the elector sign the declaration.
4 I am satisfied that the statements contained in the declaration are true.
5 The declaration was made before the close of the poll in the election.
[
[
[
Aboriginal Land Rights Regulation 2020 (466). LW 14.8.2020. Date of commencement, 1.9.2020, cl 2. This Regulation has been amended as follows—
No 68 | Aboriginal Land Rights Amendment Act 2022. Assented to 25.11.2022. Date of commencement of Sch 2.2, 11.12.2024, sec 2(a) and 2024 (612) LW 6.12.2024; date of commencement of Sch 4.2, assent, sec 2 (b). | |
(600) | Aboriginal Land Rights Amendment Regulation 2023. LW 10.11.2023. Date of commencement, on publication on LW, sec 2. |
Cl 3 | Am 2022 No 68, Sch 2.2[1]. |
Cl 49 | Rep 2022 No 68, Sch 4.2[1]. |
Cl 50 | Am 2022 No 68, Sch 4.2[2] [3]. |
Cl 52 | Rep 2022 No 68, Sch 4.2[4]. |
Cl 53 | Rep 2022 No 68, Sch 4.2[4]. |
Cl 55 | Am 2022 No 68, Sch 2.2[2]. |
Cl 56 | Am 2023 (600), Sch 1[1] [2]. |
Cl 57 | Ins 2023 (600), Sch 1[3]. |
Cl 57 (as originally enacted) | Rep 2022 No 68, Sch 2.2[3]. |
Cl 65 | Am 2022 No 68, Sch 2.2[4]. |
Cl 66 | Am 2022 No 68, Sch 2.2[5]. |
Cl 70 | Am 2023 (600), Sch 1[4]. |
Cl 72 | Am 2023 (600), Sch 1[5]. |
Cl 73 | Am 2023 (600), Sch 1[6]. |
Cl 74 | Am 2022 No 68, Sch 2.2[6]. |
Cl 84 | Am 2023 (600), Sch 1[7]. |
Cl 96 | Am 2022 No 68, Sch 2.2[7]. |
Cl 99 | Am 2022 No 68, Sch 2.2[8]–[11]. |
Sch 2 | Am 2022 No 68, Sch 4.2[5]. |
Sch 3, heading | Am 2022 No 68, Sch 4.2[6]. |
Sch 3 | Am 2022 No 68, Sch 4.2[7]. |
Sch 4, heading | Am 2022 No 68, Sch 4.2[8]. |
Sch 4 | Am 2022 No 68, Sch 4.2[9]. |
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