Untitled document

Aboriginal Heritage Amendment Act 2011

No. 30 of 2011

TABLE OF PROVISIONS

Section  Page

1Purpose

2Commencement

3New section 197 inserted—Validation provision

197Validation provision

4Repeal of amending Act

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ENDNOTES

Aboriginal Heritage Amendment Act 2011

No. 30 of 2011

[Assented to 29 June 2011]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Aboriginal Heritage Act 2006 to validate certain acts, matters or things taken, arising or done for the purposes of that Act.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3New section 197 inserted—Validation provision

After section 196 of the Aboriginal Heritage Act 2006 insert—

197Validation provision"

(1)A director, officer or employee of a RAP who on or before the validation date has made a decision or taken any action or purported to make a decision or take any action under section 63(1) in good faith on behalf of the RAP is by virtue of this section to be taken to have been authorised by the RAP to make the decision or take the action.

(2)For the purposes of this Act, a decision or action or purported decision or action to which subsection (1) applies is a decision made or action taken by a RAP under section 63(1).

(3)Any action, matter or thing taken, arising or done as a result or consequence of, or in reliance upon, a decision or action or purported decision or action to which subsection (1) applies whether under this Act or otherwise is taken to be, and to always have been, as valid and effective as it would have been if this section had been in force at the time that the action, matter or thing was taken, arose or was done.

(4)In this section—

RAP means any of the following bodies corporate registered as a registered Aboriginal party under Part 10—

(a)Barengi Gadjin Land Council Aboriginal Corporation ICN 4395;

(b)Dja Dja Wurrung Clans Aboriginal Corporation ICN 4421;

(c)Gunaikurnai Land & Waters Aboriginal Corporation ICN 4768;

(d)Gunditj Mirring Traditional Owners Aboriginal Corporation ICN 4672;

(e)Martang Pty Ltd ACN 096 534 119;

(f)Taungurung Clans Aboriginal Corporation ICN 4191;

(g)Wathaurung Aboriginal Corporation ICN 3330;

(h)Wurundjeri Tribe Land & Compensation & Cultural Heritage Council Inc A0005530A;

(i)Yorta Yorta Nation Aboriginal Corporation ICN 3279;

validation date means the date on which the Aboriginal Heritage Amendment Act 2011 comes into operation.".

4Repeal of amending Act

This Act is repealed on the first anniversary of the day on which it receives the Royal Assent.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

Minister's second reading speech—

Legislative Assembly: 28 June 2011

Legislative Council: 28 June 2011

The long title for the Bill for this Act was "A Bill for an Act to amend the Aboriginal Heritage Act 2006 and for other purposes."