Torres Strait Islander Land Regulation 2011

This regulation may be cited as the Torres Strait Islander Land Regulation 2011.

This regulation commences immediately after the commencement of the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011, section 188.

The dictionary in the schedule defines particular words used in this regulation.

A member may be paid an amount equal to expenses reasonably incurred, or to be incurred, in the performance of the member’s functions under the Act or this regulation.

A land trust must indemnify all its members engaged in giving effect to the Act or this regulation against all proceedings and claims in relation to—

acts done, or omitted to be done, by the member without negligence under the Act; and

acts done, or omitted to be done, by the member in good faith and without negligence purportedly for the purposes of the Act or this regulation.

A member—

is chargeable only for amounts and securities actually received even though the member signed a receipt for the amount or security; and

is answerable and accountable only for the member’s own acts, receipts, neglects or defaults.

Without limiting subsection (1), a member is not answerable or accountable for—

the acts, receipts, neglects or defaults of another member or the land trust; or

the acts, receipts, neglects or defaults of a bank, broker or other person with whom trust property is deposited; or

the insufficiency or deficiency of any securities or another loss unless the insufficiency, deficiency or loss happens because of the member’s default.

A person who is a member of more than 1 land trust is not, in the absence of fraud, to be affected by notice of any instrument, fact or thing in relation to a particular land trust if the person receives the notice merely because of the person’s membership of another land trust.

A land trust must appoint—

a member as the chairperson of the land trust; and

if there is more than one member—a member as the deputy chairperson of the land trust; and

if there are more than 2 members—a member as the secretary of the land trust.

The deputy chairperson may act as the chairperson during—

a vacancy in the office of chairperson; or

any period when the chairperson is absent from duty or from the State or, for any reason, can not perform the duties of the office of chairperson.

Any member of a land trust may act as the secretary during—

a vacancy in the office of secretary; or

any period when the secretary is absent from duty or from the State or, for any reason, can not perform the duties of the office of secretary.

Any member of a land trust may act in another executive office of the land trust during—

a vacancy in the office; or

any period when the holder of the office is absent from duty or from the State or, for any reason, can not perform the duties of the office.

A member of a land trust may resign by signed notice of resignation given to the land trust.

The resignation does not take effect until it is accepted by the land trust.

A land trust must adopt rules governing the land trust (adopted rules).

A land trust must adopt its first rules as soon as practicable after it comes into existence.

Within 28 days after a land trust adopts its first rules, adopts changes to its adopted rules or adopts new rules, the land trust must give the chief executive a copy of its adopted rules.

If there is an inconsistency between subdivision 2 or 3 and a land trust’s adopted rules, the subdivision prevails to the extent of the inconsistency.

The adopted rules of a land trust must include provision for the following—

the establishment, membership and functions of the land trust’s executive committee;

the process for decision-making by the land trust and its committees;

the creation of the land trust’s executive offices and the procedure for filling the offices;

the appointment of a person to act in the position of a member of the executive committee when the member is, or is to be, absent;

the procedure for settling disputes between the land trust and its members;

the frequency of meetings of the executive committee, and how the meetings are to be held;

the way the land trust’s general meetings are to be called and held;

requirements for managing trust property, including requirements for the following—

keeping records of the land trust’s transactions;

procedures for authorising payments, and for making payments, out of the land trust’s funds;

keeping control over trust property;

procedures for incurring liabilities by or for the land trust;

the procedure for adopting changes to the adopted rules of the land trust and for adopting new rules.