Commonwealth Consolidated Acts

ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY ) ACT 1986 - SECT 9

             (1)  Where, at any time after the Schedule Land has become Aboriginal Land, the Minister becomes satisfied that:

                     (a)  vacant Crown land in the Territory that adjoins Aboriginal Land is of significance to the Aboriginals who are members of the Community; and

                     (b)  it would be appropriate to grant the first‑mentioned land to the Council;

the Minister may, by instrument in writing specifying the first‑mentioned land, declare that the first‑mentioned land is Aboriginal Land.

             (2)  The Minister shall, as soon as practicable after making an instrument under subsection (1):

                     (a)  cause a copy of the instrument to be published in the Gazette ; and

                     (b)  cause a copy of the instrument to be laid before each House of the Parliament.

             (3)  Either House of the Parliament, within 15 sitting days of that House after a copy of an instrument has been laid before that House under subsection (2), may, in pursuance of a motion upon notice, pass a resolution disallowing the instrument.

             (4)  Where:

                     (a)  a notice referred to in subsection (3) is given with respect to an instrument; and

                     (b)  at the expiration of the period during which a resolution disallowing the instrument could have been passed:

                              (i)  the notice has not been withdrawn and the relevant motion has not been called on; or

                             (ii)  the relevant motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;

the instrument shall be deemed to have been disallowed.

             (5)  If:

                     (a) neither House of the Parliament passes a resolution in accordance with subsection (3) disallowing an instrument made under subsection (1); and

                     (b)  the instrument has not been deemed to have been disallowed under subsection (4);

the instrument takes effect, and the land specified in the instrument becomes Aboriginal Land, on the day immediately following the last day upon which a resolution disallowing the instrument could have been passed.

             (6)  If, before the expiration of 15 sitting days of a House of the Parliament after a copy of an instrument made under subsection (1) has been laid before that House:

                     (a)  the House of Representatives is dissolved or expires, or the Parliament is prorogued; and

                     (b)  a resolution for the disallowance of the instrument has not been passed by the first‑mentioned House;

the copy of the instrument shall, for the purposes of this section, be deemed to have been laid before that first‑mentioned House on the first sitting day of that first‑mentioned House after the dissolution, expiry or prorogation, as the case may be.

             (7)  Where an instrument made under subsection (1) takes effect, the Minister shall cause a notice to that effect to be published in the Gazette.

             (8)  Any failure to comply with the requirements of subsection (7) does not affect the operation of subsection (5).