Aboriginal Lands Regulations 2025 (Vic)
Version No. 001
Aboriginal Lands Regulations 2025
S.R. No. 29/2025
Version as at
28 May 2025
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Definition
Part 2—Instrument of transfer
5Form of instrument of transfer
6Supporting documents
Schedule 1—Form of instrument of transfer
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 001
Aboriginal Lands Regulations 2025
S.R. No. 29/2025
Version as at
28 May 2025
PART 1—PRELIMINARY
1Objectives
The objectives of these Regulations are to prescribe—
(a)the form of an instrument of transfer; and
(b)the information and supporting documents to accompany an instrument of transfer.
2Authorising provision
These Regulations are made under section 28 of the Aboriginal Lands Act 1970.
3Commencement
These Regulations come into operation on 28 May 2025.
4Definition
In these Regulations—
the Act means the Aboriginal Lands Act 1970.
PART 2—INSTRUMENT OF TRANSFER
5Form of instrument of transfer
For the purposes of section 13(1) of the Act, the prescribed form is set out in Schedule 1.
6Supporting documents
(1)For the purposes of section 13(1)(a) of the Act, the prescribed supporting documents are—
(a)a certified copy of a document specified in subregulation (2) to verify the identity of the person transferring the shares; and
(b)a certified copy of a document specified in subregulation (2) to verify the identity of the person receiving the shares.
(2)The specified documents are the following—
(a)an Australian driver licence within the meaning of the Road Safety Act 1986;
(b)an Australian learner permit within the meaning of the Road Safety Act 1986;
(c)an Australian passport within the meaning of the Australian Passports Act 2005 of the Commonwealth;
(d)a proof of age card within the meaning of the Liquor Control Reform Act 1998;
(e)a health care card, pensioner concession card or seniors health card within the meaning of the Social Security Act 1991 of the Commonwealth;
(f)an identification card issued by a tertiary education institution that includes a photograph of the person;
(g)evidence of a WWC clearance within the meaning of section 3(1) of the Worker Screening Act 2020;
(h)an Australian citizenship certificate;
(i)a medicare card within the meaning of section 84(1) of the National Health Act 1953 of the Commonwealth;
(j)a Veteran card issued by the Department of Veterans' Affairs of the Commonwealth.
(3)For the purposes of section 13(1)(a) of the Act, the prescribed supporting information for a transfer of shares to a person referred to in section 14(2)(d) of the Act is a statement verifying the relationship between the person selling the shares and the person receiving the shares in—
(a)the statutory declaration referred to in section 13(1)(b) of the Act; and
(b)the statutory declaration referred to in section 13(1)(c) of the Act.
(4)A copy of a document that is required to be certified under subregulation (1) must be certified in accordance with Part 5 of the Oaths and Affirmations Act 2018.
SCHEDULE 1—FORM OF INSTRUMENT OF TRANSFER
Regulation 5
PART A—TO BE COMPLETED BY THE PERSON TRANSFERRING THE SHARES
STEP 1—DETAILS OF PERSON TRANSFERRING THE SHARES
| Full name: |
| Other names: [include birth name or any other names you have been known by] |
| Date of birth: |
| Current address: |
| Email address: |
| Phone number: |
STEP 2—VERIFY IDENTITY OF PERSON TRANSFERRING THE SHARES
In order to verify your identity, provide a certified copy of one of the following forms of identification: (For more information about "certified copies", see the note at the bottom of this form.)
| ☐ Australian driver licence or learner permit | ☐ Australian passport | ☐ Identification card (with photo) issued by a tertiary education institution |
| ☐ Health care card, pensioner concession card or seniors health card | ☐ Proof of age card | ☐ Working with children check card |
| ☐ Australian citizenship certificate | ☐ Medicare card | ☐ Veteran card |
STEP 3—RELATIONSHIP WITH PERSON RECEIVING THE SHARES
Specify the person who is receiving the shares by selecting an option in Column 1 or Column 2.
| Column 1 | Column 2 |
| ☐ Spouse or domestic partner | ☐ The Trust |
| ☐ Parent | ☐ Trust member |
| ☐ Child or direct descendant | ☐ The Crown in right of the Commonwealth or the State |
| ☐ Sibling | |
| ☐ Parent's sibling | |
| ☐ Parent's child or direct descendant | |
| ☐ Child or direct descendant of parent's sibling |
STEP 4—CONFIRM SHARES BEING TRANSFERRED
| Name of Trust: [select the appropriate Trust] | ☐ Framlingham Aboriginal Trust ☐ Lake Tyers Aboriginal Trust | |
| Number of shares being transferred: | ||
| If selling shares, total value of shares being transferred: Note: Section 14 of the Aboriginal Lands Act 1970 ("the Act") outlines the requirements for selling shares. If you wish to sell a share, you may make a written offer to the Trust or a person nominated by the Trust. The nominated person must be eligible to receive shares under section 14(2) of the Act (see list in Step 3). That offer remains open for acceptance for a period of 3 months from the date the offer is made. Once that offer lapses, you are entitled to transfer the shares to someone of your choosing who is eligible to receive shares under section 14(2) of the Act (see list in Step 3). The price of any shares offered for sale under section 14(4) of the Act must be the price fixed in accordance with the Act by the Trust's auditor. | ||
| If selling shares, total amount paid for shares: [insert dollar amount] | ||
| Name of person receiving the shares: | ||
| Unique share numbers being transferred | From: | To: |
PART B—TO BE COMPLETED BY THE PERSON RECEIVING THE SHARES
STEP 5—DETAILS OF PERSON RECEIVING THE SHARES
| Full name: |
| Other names: [include birth name or any other names you have been known by] |
| Date of birth: |
| Current address: |
| Email address: |
| Phone number: |
STEP 6—VERIFY IDENTITY OF PERSON RECEIVING THE SHARES
In order to verify your identity, provide a certified copy of one of the following forms of identification:
| ☐ Australian driver licence or learner permit | ☐ Australian passport | ☐ Identification card (with photo) issued by a tertiary education institution |
| ☐ Health care card, pensioner concession card or seniors health card | ☐ Proof of age card | ☐ Working with children check card |
| ☐ Australian citizenship certificate | ☐ Medicare card | ☐ Veteran card |
STEP 7—CONFIRM ACCEPTANCE OF SHARES
I, [insert name of person receiving the shares], confirm I am accepting the transfer of [insert number of shares] into my name.
PART C—TO BE COMPLETED BY THE PERSON TRANSFERRING THE SHARES AND THE PERSON RECEIVING THE SHARES
STEP 8—PERSON TRANSFERRING THE SHARES AND PERSON RECEIVING THE SHARES TO MAKE A STATUTORY DECLARATION EACH
A statutory declaration is a written statement that you (the declarant) sign and declare to be true and correct in the presence of an authorised witness.
By signing it, you agree that the information in it is true. You can be charged with a criminal offence if the information is false.
For guidance on how to make a statutory declaration in Victoria, you can visit the Department of Justice and Community Safety's website. See also Part 4 of the Oaths and Affirmations Act 2018.
To ensure a transfer of shares is valid, the person transferring the shares and the person receiving the shares must each prepare a statutory declaration in accordance with section 13 of the Aboriginal Lands Act 1970.
Fill out your statutory declaration before meeting your authorised witness, but do not sign it. Each statutory declaration must be signed in front of a witness.
Each statutory declaration must state—
·the number of shares to be sold or transferred; and
·if the shares are being transferred to a person listed in Column 1 under Step 3, the relationship between the person transferring the shares and the person receiving the shares; and
·if the shares are to be sold, that the sale is in accordance with section 14 of the Aboriginal Lands Act 1970; and
·if the shares are to be otherwise transferred, that the transfer is not a sale or exchange for consideration; and
·that the sale or transfer is made in accordance with the Aboriginal Lands Act 1970 and the Aboriginal Lands Regulations 2025.
STEP 9—SIGNATURES OF PERSON TRANSFERRING THE SHARES AND PERSON RECEIVING THE SHARES
I, [insert name], confirm that I am transferring the shares to [insert name] as outlined in this form. I acknowledge that the supply of false information may lead to the Trust refusing to make the transfer or voiding the transfer and the entries in the register of members once made.
SIGNED by the person transferring the shares
Name:
Signature:
Date:
I, [insert name], confirm that I am receiving the shares from [insert name] as outlined in this form. I acknowledge that the supply of false information may lead to the Trust refusing to make the transfer or voiding the transfer and the entries in the register of members once made.
SIGNED by the person receiving the shares
Name:
Signature:
Date:
STEP 10—SUBMIT TO THE TRUST OFFICE
Submit this form and supporting documentation to the relevant Trust office:
☐Completed instrument of transfer form
☐Certified copy of identity document for person transferring the shares
☐Certified copy of identity document for person receiving the shares
☐Statutory declaration by person transferring the shares
☐Statutory declaration by person receiving the shares
Note: A certified copy of an original document is a copy that has been certified in accordance with Part 5 of the Oaths and Affirmations Act 2018. This means that the copy has been certified as being a true copy of an original document by a person who is authorised to certify copies of original documents. For more information on certified copies, you can visit the Department of Justice and Community Safety's website.
| OFFICE USE ONLY | ||
| All documentary evidence provided: | ☐ YES ☐ NO | |
| Accepted by: [name and signature of Trust office representative] | ||
| Date accepted by Trust office: | ||
| Date approved by the Trust Committee of Management: | COMMON SEAL [Trust approval stamp] | |
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Aboriginal Lands Regulations 2025, S.R. No. 29/2025 were made on 20 May 2025 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 28 of the Aboriginal Lands Act 1970, No. 8044/1970 and came into operation on 28 May 2025: regulation 3.
The Aboriginal Lands Regulations 2025 will sunset 10 years after the day of making on 20 May 2035 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Aboriginal Lands Regulations 2025 by statutory rules, subordinate instruments and Acts.
3 Explanatory details
No entries at date of publication.
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