Section 5 — Voting — Aboriginal Land Rights Act 1983 (New South Wales) — Barrister AI

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Section 5 — Voting — Aboriginal Land Rights Act 1983 (New South Wales) — Barrister AI

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s 1Name of Act s 2Commencement s 3Purpose of Act s 4Definitions s 5-34C5–34C (Repealed)s 36Claims to Crown lands s 36AAAboriginal Land Agreements s 36ASpecial provision concerning certain Crown lands having nature conservation value s 36BSpecial provisions relating to Crown lands subject of land claim s 37Aboriginal lands in travelling stock reserves s 38Purchase, lease etc of property s 39Acquisition of land s 40Interpretation s 40AA-40D40AA–40D (Repealed)s 41Certificates—land vested in Aboriginal Land Councils s 42Restrictions on dealing with land subject to native title s 42ARestrictions on dealing with land reserved or dedicated under the NPW Act s 42BAppropriation or resumption of Aboriginal land s 42CLand dealings by Aboriginal Land Councils generally s 42DLand dealings by New South Wales Aboriginal Land Council s 42EApproval required for land dealings by Local Aboriginal Land Councils s 42FApplications for approval of LALC land dealings by NSWALC and assessment fees s 42GApproval of LALC land dealings by NSWALC s 42HReasons for refusal or conditions s 42IAssessment of dealings by expert advisory panels s 42IAAmendment of land dealing approvals s 42JRevocation of land dealing approvals s 42KCertificates for dealings by Local Aboriginal Land Councils s 42LReview of approval decisions s 42MRegistration of dealings and instruments s 42NCertain land dealing approval agreements to run with land s 42OEnforcement of land dealing approval agreements—registration prohibition notices s 42PEffect of registration prohibition notices s 42QInterpretation s 42RCommunity development levy payable for certain transactions s 42SCommunity development levy not payable on transactions between Councils s 42TAmount of community development levy s 42UPayment of community development levy amounts s 42UARefund of levy for cancelled transactions s 42VNSWALC payments may be waived s 42WRegulations s 42XRelationship with Taxation Administration Act 1996 s 43Exemption of Aboriginal lands from the payment of rates s 44Proceedings for non-payment of certain rates for Aboriginal lands barred s 44APayment of rates by NSW Aboriginal Land Council s 45Mineral rights and mining on Aboriginal land s 46Fees or royalties for mining on Aboriginal land s 47Agreements to permit hunting, fishing or gathering s 48Access permits may be issued by the Court s 49Constitution of Local Aboriginal Land Council areas s 50Constitution of Local Aboriginal Land Councils s 51Objects of Local Aboriginal Land Councils s 52Functions of Local Aboriginal Land Councils s 52ACommunity benefits schemes s 52AAPowers of Local Aboriginal Land Councils with respect to property s 52B(Repealed)s 52CLocal Aboriginal Land Councils’ responsibilities in relation to certain arrangements and transfers s 52DDuty of Aboriginal Land Council not to transfer land or other assets to Council members, Board members, staff or consultants s 52EDelegation of functions by Local Aboriginal Land Councils s 52FRules of Local Aboriginal Land Councils s 52GFunctions exercised by Council resolution s 52HMeetings of Local Aboriginal Land Councils s 53Membership of Local Aboriginal Land Councils s 54Local Aboriginal Land Council membership rolls s 55Aboriginal persons may be member of more than one Local Aboriginal Land Council s 56Nomination of voting area s 57Suspension of members from attending Council meetings s 57AInactive members s 58Removal of person’s name from membership roll s 59Updating and consolidation of membership rolls s 60Regulations concerning membership of Local Aboriginal Land Council and membership rolls s 61Local Aboriginal Land Councils to have Boards s 62Functions of Boards of Local Aboriginal Land Councils s 63Board members s 63ATerm of office of Board members s 63BEffect of appointment of administrator s 64Chairperson and Deputy Chairperson s 65Training for Board members s 66Grounds for disqualification from office s 66AException to disqualification—approved short-term work s 67Vacancy in office s 68Casual vacancy s 69NCAT may declare particular offices of Local Aboriginal Land Council vacant s 70(Repealed)s 71Effect of order declaring vacancy s 72Delegation by Boards s 78Staff s 78AChief executive officer s 78BCertain persons must not be employed as chief executive officers s 78CFilling of vacancy in position of chief executive officer s 79Certain persons must not be employed s 79AAdvertising vacancies s 80Appointments and promotion to be on merit s 81Consultants to be engaged on merit s 82Community, land and business plans s 83Matters covered by community, land and business plans s 84Approval of community, land and business plans s 85Chairperson may refer community, land and business plan to New South Wales Aboriginal Land Council s 86Administration may follow plan failure s 87Changes to Local Aboriginal Land Council areas s 88Effect of dissolution s 89Transfer of assets, rights and liabilities s 90Voluntary changes s 91Changes on initiative of Minister s 92Objections to Minister’s changes s 93Regions s 94-10394–103 (Repealed)s 104Constitution of NSW Aboriginal Land Council s 105Objects of New South Wales Aboriginal Land Council s 106Functions of New South Wales Aboriginal Land Council s 106APowers of New South Wales Aboriginal Land Council with respect to property s 107Training s 108Community benefits schemes s 109(Repealed)s 110Report on actions to increase membership of Local Aboriginal Land Councils s 111New South Wales Aboriginal Land Council’s responsibilities in relation to certain arrangements and transfers s 112Duty of New South Wales Aboriginal Land Council not to transfer land or other assets to councillors, staff or consultants s 113Policies relating to Aboriginal Land Council functions s 114Procedure for making policies s 115New South Wales Aboriginal Land Council may give other Councils directions regarding certain matters s 116Delegation by New South Wales Aboriginal Land Council s 117Rules of the New South Wales Aboriginal Land Council s 118Advisory committees s 119Approvals s 120ADefinitions s 120Membership of New South Wales Aboriginal Land Council s 121Election of councillors s 121ANSW Aboriginal Land Council to plan for administration of elections s 121BElections administered by Electoral Commissioner s 121CElections administered by electoral services provider s 122Timing of elections s 123Declaration of election s 124Councillors pending determination of disputed return s 125Method of disputing elections and returns s 126Procedure s 127Immaterial errors not to invalidate election s 128Decisions to be final s 129Chairperson and Deputy Chairperson s 130Role of councillors of NSW Aboriginal Land Council s 131Training for councillors s 132Grounds for disqualification from office s 132ALeave of absence for employees nominated to Council s 133Vacancy in office s 134Casual vacancy s 135NCAT may declare particular offices of New South Wales Aboriginal Land Council vacant s 136(Repealed)s 137Effect of order declaring vacancy s 137ACommunity, land and business plans s 137BMatters covered by plans s 137CApproval of community, land and business plans s 137DAdministration may follow plan failure s 138Chief Executive Officer s 138ACertain persons must not be employed as Chief Executive Officer s 139Functions of Chief Executive Officer s 140Attendance of Chief Executive Officer at meetings s 141Filling of vacancy in position of Chief Executive Officer s 141ADelegations by Chief Executive Officer s 142Staff organisation structure s 143Appointments and promotion to be on merit s 143AAdvertising vacancies s 144Certain persons must not be employed s 145Consultants to be engaged on merit s 149NSW Aboriginal Land Council Account s 149ANSW Aboriginal Land Council Community Fund s 150Preservation of NSW Aboriginal Land Council assets s 151(Repealed)s 152Local Aboriginal Land Council Accounts s 152AApplication s 152BDefinitions s 152CBudget of NSW Aboriginal Land Council s 152DAccounts and records s 152EFinancial statements s 152FAnnual reporting information s 152GPublication of annual reporting information s 152HReports relating to funding of Local Aboriginal Land Councils s 153Local Aboriginal Land Councils to keep accounts s 154(Repealed)s 155Local Aboriginal Land Councils may request special auditor s 156Financial year of Aboriginal Land Councils s 157(Repealed)s 158Budget of Local Aboriginal Land Councils s 159(Repealed)s 160NSW Aboriginal Land Council may give other Councils directions regarding accounting s 161Annual reports s 162Funding agreements s 163(Repealed)s 164Appointment of Registrar s 165Functions of Registrar s 165AARegistrar to report on exercise of functions s 165ADelegation s 166Register of Aboriginal Land Claims s 167Contents of Register of Aboriginal Land Claims s 168Registrar may request information from Crown Lands Minister s 169Regulations may provide for public inspection of Register s 170Register of Aboriginal Owners s 171Contents of Register of Aboriginal Owners s 172Requests for entry of names in Register s 173Requests for opening of parts of Register of Aboriginal Owners s 174Rectification of Register s 175Reference by Registrar to Land and Environment Court s 176Definitions s 177Preparation of codes of conduct s 178Dismissal provisions s 179Model code of conduct s 180Prescribed code of conduct s 181Amendment and replacement s 182Breach of dismissal provision s 183General duties s 184Pecuniary interests s 185Duty of officers and staff to disclose pecuniary interests s 186General disclosure s 187Duty of consultants to disclose pecuniary interests s 188Definitions s 189Formal censure for misconduct s 190Complaints s 191Investigations s 192Decision not to investigate complaint s 193Decision to investigate s 194Decision to terminate investigation s 195Suspension during investigation s 196Registrar may take disciplinary action s 197Disciplinary action against officer s 198Disciplinary action against member of staff s 199Appeals against disciplinary action by Registrar s 200Referral of matters to Tribunal s 201Suspension pending Tribunal determination s 202Other proceedings or actions not affected s 203Definitions s 204Tribunal to decide whether or not to conduct proceedings s 205Circumstances in which Tribunal may dispense with hearing s 206Suspension during Tribunal consideration s 207Decision of Tribunal s 208Additional complaints and allegations s 209Referral of matters by Tribunal s 216Appointment of investigator into Aboriginal Land Councils s 217Contents of investigator’s instrument of appointment s 218Aboriginal Land Councils to assist investigators s 219Investigator to report s 220Minister may extend term of office of investigator s 221Minister may remove an investigator s 221AProvision of information to Registrar and New South Wales Aboriginal Land Council s 221BPrivilege s 222Administrators—Local Aboriginal Land Councils s 223Administrators—New South Wales Aboriginal Land Council s 223ANotice of appointment of administrator s 223BInterim actions pending appointment of administrator s 224Contents of administrator’s instrument of appointment s 225Certain persons ineligible to be administrators s 226Removal of office holders on appointment of administrator s 227Officers to assist administrator s 228Administrator of an Aboriginal Land Council may call meetings s 229Administrator to report monthly s 230Limitations on certain land dealings by administrator s 231Minister may amend instrument of appointment of administrator s 232Minister may remove administrator s 233Failure of NSW Aboriginal Land Council to function s 234(Repealed)s 234APerformance improvement orders s 234BCompliance with performance improvement order s 234CCompliance report s 234DAppointment of advisors s 234ECo-operation with advisor s 235Registrar may issue compliance directions s 236Registrar may refer failure to comply to Court s 237Court to determine compliance matters s 238Application of Part s 239Mediation, conciliation or arbitration of disputes by NSW Aboriginal Land Council s 239ACompulsory mediation of land dealing application disputes s 240Application of Commercial Arbitration Act 2010 s 241Reference of disputes to Court s 242Exclusion of personal liability s 243Delegation s 243AEffect of suspension of Board members and councillors s 244Service of documents s 245Execution of documents s 246Proof of certain matters not required s 246ACorrection of errors in documents s 247Aboriginal Land Councils not statutory bodies representing the Crown s 248Aboriginal Land Councils to be public authorities etc for certain purposes s 248ASearch warrants s 248BInjunctions s 249Proceedings for offences s 249AOffences by corporations s 250Establishment of new Local Aboriginal Land Councils s 251(Repealed)s 252Regulations s 252AReview of Act s 253Savings, transitional and other provisions s 1Term of office s 2Remuneration s 3Registrar a statutory officer and not Public Service employee s 4Vacancy in office s 5Removal from office s 6Superannuation and leave—preservation of rights s 1Frequency of meetings s 2General procedure s 3Quorum s 4Presiding member s 5Voting s 6Minutes s 1Frequency of meetings s 2General procedure s 3Quorum s 4Presiding member s 5Voting s 6Transaction of business outside meetings or by electronic means s 7Authentication of documents s 8First meeting s 9Minutes s 1Frequency of meetings s 2General procedure s 3Quorum s 4Presiding member s 5Voting s 5ATransaction of business outside meetings or by electronic means s 6Minutes s 1Definitions s 2Vesting of undertaking in transferee s 3Operation of Schedule s 4Date of vesting s 5Consideration for vesting s 6Duties s 7Transfer of interest in land s 8Determinations of Minister for purposes of orders s 9Confirmation of vesting s 1Definitions s 1ASavings and transitional regulations s 2Transfer of certain property etc of the former Trust s 3Transfer of certain property etc of the former Corporation s 4Effect of certain acts etc of the former Trust and the former Corporation s 5Transfer of certain assets, debts and liabilities of the former Trust and the former Corporation s 6Vesting of certain assets etc referred to in clause 5 s 7Construction of certain references s 8Claimable Crown lands s 9Existing contracts of employment s 9AFunding of acquisition of certain land s 10Definitions s 11Vesting of property in NSW Aboriginal Land Council s 12Claims to Crown lands made by Regional Aboriginal Land Councils s 13Mining Royalties Account s 14Election of members of the NSW Aboriginal Land Council s 15Interim arrangements s 15ASaving of certain directions s 16Definitions s 17Extension of certain provisions to claims to Crown lands s 18Definition s 19Local and Regional Aboriginal Land Council areas s 20Aboriginal Land Councils s 21Existing officers of Aboriginal Land Councils s 22Existing members of staff of Aboriginal Land Councils s 23Existing industrial agreements s 24Membership rolls s 25Registrar s 26Chief Executive Officer of New South Wales Aboriginal Land Council s 27Register of Aboriginal Owners s 28Persons who are members of more than one Local Aboriginal Land Council s 29References to exemptions of Aboriginal lands from payment of rates s 30Changing of financial year s 31Aboriginal Land Councils Accounts s 32Delegations s 33Regulations s 34Rules of Court s 35Definitions s 36Gandangara Estate—deemed compliance with ss 40B and 40D s 37Validation s 38Certificate evidence s 39Notice of contravention s 40Definition s 41Existing officers of Local Aboriginal Land Councils s 42First elections of Boards of Local Aboriginal Land Councils s 43First meetings s 44Regional Aboriginal Land Councils s 45Existing social housing s 46Other existing community benefits s 47Preparation of community, land and business plans s 48References to Aboriginal Land Councils Pecuniary Interest Tribunal s 49Remuneration of investigators and administrators s 50Definitions s 51Existing land dealings s 52Registration approval provisions to apply to existing dealings s 53Application of community development levy provisions to existing land dealings s 54Existing residential tenancy agreements s 55Definition s 56Existing employment of staff members s 57Appeals from decisions of Administrative Decisions Tribunal s 58Community development levy s 59Definition s 60Existing social housing schemes s 61Existing corporations established by Local Aboriginal Land Councils s 62Definition s 63Amendment of land dealing approvals s 64Refund of levy for cancelled transactions

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5

Voting

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5 Voting

A decision supported by a majority of the votes cast at a meeting of the Board at which a quorum is present is the decision of the Board.

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