Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 191 of 1976 as amended
This compilation was prepared on 10 July 2008
taking into account amendments up to Act No. 73 of 2008
[Note: Subsections 70(2BA), (2BB), (2BC) cease to have effect on 18 August 2012, see section 70]
The text of any of those
amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated
may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of
Legislative Drafting and Publishing,
Attorney‑General's Department,
Canberra
Contents
Part I--Preliminary 1
1............ Short title [see Note 1] ....................................................................... 1
2............ Commencement [see Note 1] .............................................................. 1
3............ Interpretation ...................................................................................... 1
3AAA... Approval of Commonwealth entities ................................................. 8
3AA...... Approval of NT entities ..................................................................... 8
3AB...... Townships .......................................................................................... 9
3A......... Crown land vested in Northern Territory .......................................... 9
3B......... Act binds the Crown ........................................................................ 10
3C......... Act has effect despite Lands Acquisition Act .................................. 10
3D......... Application of the Criminal Code .................................................... 10
Part II--Grants of land to Aboriginal Land Trusts 11
4............ Land Trusts ...................................................................................... 11
5............ Functions of Land Trusts ................................................................. 14
6............ Land Trust not empowered to accept moneys ................................. 14
7............ Membership of Land Trust .............................................................. 15
8............ Termination of appointment of members of Land Trusts ................ 16
9............ Resignation of member of Land Trust .............................................. 16
10.......... Recommendations for grants of Crown land described in Schedule 1 16
11.......... Recommendations for grants of Crown land other than Schedule 1 land and former public roads 19
11A....... Land Councils may enter into agreements concerning land under claim 24
11B....... Recommendations for grants of former public roads ........................ 25
12.......... Grants of land to Land Trusts .......................................................... 26
12AAA. Additional grant to Tiwi Land Trust ................................................ 30
12AAB. Grant of land to Anindilyakwa Land Trust etc. ............................... 31
12AA.... Agreements with respect to roads on land described in Schedule 1 . 36
12AB.... Declaratory orders with respect to roads on land described in Schedule 1 36
12AC.... Effect of agreement or order ............................................................. 37
12AD.... Compensation for loss of licences etc. ............................................. 37
12A....... Occupation of land by Director ........................................................ 38
12B....... Arbitration on agreement between Land Council and Director ........ 38
12C....... Minister may grant lease in certain circumstances ........................... 39
13.......... Grants of interests in land the subject of a deed in escrow .............. 40
14.......... Occupation etc. by the Crown etc. of Aboriginal land vested in Land Trust 41
15.......... Payments in respect of occupation of land by the Crown etc. ........ 42
16.......... Payments to Land Council by the Crown in respect of interests in Aboriginal land 42
17.......... Appropriation etc. of payments to Land Council or approved entity 42
18.......... Occupation or use of Aboriginal land by mission ............................ 43
18A....... Occupation or use of land in Ranger Project Area ............................ 44
18B....... Occupation or use of land in Alligator Rivers Region, other than the Ranger Project Area 45
18C....... Section 18A or 18B not to authorise mining etc. .............................. 46
19.......... Dealings etc. with interests in land by Land Trusts ......................... 46
19A....... Land Trust may grant headlease over township ............................... 50
19C....... Modification of certain NT laws for a township lease held by a Commonwealth entity or transferred from a Commonwealth entity to an NT entity ............................................ 54
19D....... Modification of NT subdivision law for grant of a township lease to a Commonwealth entity 54
19E........ Modification of certain NT laws for a township lease held by a Commonwealth entity 54
20.......... Leases in compliance with obligations of the Commonwealth ......... 55
20A....... Northern Territory transfer of land law to apply ............................ 56
Part IIA--Executive Director of Township Leasing 58
Division 1--Establishment of the Executive Director of Township Leasing 58
20B....... Executive Director of Township Leasing ......................................... 58
Division 2--Functions of the Executive Director 59
20C....... Functions of the Executive Director ................................................. 59
20CA.... Executive Director to hold leases and subleases of community living areas, town camps and prescribed land on behalf of the Commonwealth ...................................................................... 59
Division 3--Administrative provisions about the Executive Director 62
20D....... Appointment of Executive Director ................................................. 62
20E........ Appointment to be full‑time or part‑time ........................................ 62
20F........ Terms and conditions--general ........................................................ 62
20G....... Remuneration and allowances ........................................................... 62
20H....... Restrictions on outside employment ................................................ 63
20J........ Acting Executive Director ................................................................. 63
20K....... Leave of absence ............................................................................... 63
20L........ Resignation ....................................................................................... 64
20M...... Termination of appointment ............................................................ 64
20N....... Disclosure of interests ...................................................................... 65
Division 4--Staff and consultants 66
20P........ Staff .................................................................................................. 66
20Q....... Consultants ....................................................................................... 66
Division 5--Annual report 67
20R....... Annual report ................................................................................... 67
Division 6--Effect on other laws in relation to certain leases or subleases entered into by Executive Director 68
20S........ Operation of Lands Acquisition Act ................................................ 68
20SA..... Modification of certain NT laws in relation to the entry into leases or subleases by Executive Director 68
20SB..... Modification of certain NT laws in relation to land the subject of leases or subleases entered into by Executive Director ............................................................................................. 69
Part IIB--Statutory rights over buildings or infrastructure 70
Division 1--Preliminary 70
20T....... Definitions ........................................................................................ 70
Division 2--Commonwealth rights 72
Subdivision A--Application of Division 72
20U....... Application of Division .................................................................... 72
20V....... Funding body .................................................................................... 72
Subdivision B--Statutory rights 73
20W...... Funding body has the statutory rights ............................................. 73
20X....... Transfer of statutory rights .............................................................. 73
20Y....... Rights holder may permit others to exercise the statutory rights .... 74
20Z....... Ownership of buildings or infrastructure ......................................... 74
20ZA.... Variation of initial area ...................................................................... 74
20ZB..... Operation of Lands Acquisition Act ................................................ 75
Subdivision C--Leases 75
20ZC..... Section 19 leases ............................................................................... 75
20ZD.... Effect of leases on statutory rights ................................................... 76
Subdivision D--When this Division ceases to apply 77
20ZE..... When this Division ceases to apply ................................................. 77
Division 3--Northern Territory rights 78
Subdivision A--Application of Division 78
20ZF..... Application of Division .................................................................... 78
20ZG.... Funding body .................................................................................... 78
Subdivision B--Statutory rights 79
20ZH.... Funding body has the statutory rights ............................................. 79
20ZI...... Transfer of statutory rights .............................................................. 79
20ZJ...... Rights holder may permit others to exercise the statutory rights .... 80
20ZK.... Ownership of buildings or infrastructure ......................................... 80
20ZL..... Variation of initial area ...................................................................... 80
20ZM... Operation of Lands Acquisition Act ................................................ 81
Subdivision C--Leases 81
20ZN.... Section 19 leases ............................................................................... 81
20ZO.... Effect of leases on statutory rights ................................................... 82
Subdivision D--When this Division ceases to apply 83
20ZP..... When this Division ceases to apply ................................................. 83
Part III--Aboriginal Land Councils 84
21.......... Establishment of Land Councils ....................................................... 84
21A....... Aboriginal group or body may seek establishment of new Land Council 84
21B....... Minister's assessment of application for establishment of new Land Council 85
21C....... Establishment of new Land Council if a 55% positive vote ............. 85
21D....... Rules about Commonwealth Electoral Roll ...................................... 87
22.......... Land Council to be body corporate etc. ........................................... 88
22A....... Who are directors for the purposes of the Commonwealth Authorities and Companies Act 1997? 88
23.......... Functions of Land Council ............................................................... 88
23AA.... How functions of a Land Council are to be performed .................... 91
23A....... Power of Land Council to obtain information and documents ......... 92
23B....... Application to Supreme Court for order with respect to information or documents 93
23C....... A person authorised by Land Council to have access to buildings and places in Region 93
23D....... Application to Supreme Court for order with respect to access ...... 94
23E........ Secrecy .............................................................................................. 95
24.......... Register of traditional Aboriginal owners ......................................... 96
25.......... Duty of Land Council to attempt conciliation of disputes .............. 96
26.......... Land Council to meet expenses etc. of Land Trust .......................... 97
27.......... Powers of Land Council ................................................................... 97
28.......... Delegation ......................................................................................... 98
28A....... Delegation of a Land Council's functions or powers to Aboriginal and Torres Strait Islander corporation 100
28B....... Variation or revocation of a delegation to Aboriginal and Torres Strait Islander corporation 101
28C....... Minister may agree to delegation or variation if Land Council refuses to do so 103
28D....... Land Council cannot perform functions or exercise powers delegated to Aboriginal and Torres Strait Islander corporation ..................................................................................... 104
28E........ Land Council to provide assistance to Aboriginal and Torres Strait Islander corporation 105
28F........ Aboriginal and Torres Strait Islander corporation to give notice of its decisions 105
29.......... Membership of Land Council ......................................................... 105
29AA.... Register of interests of members of Land Council .......................... 107
29A....... Committees ..................................................................................... 107
30.......... Chair and Deputy Chair of Land Council ....................................... 108
31.......... Meetings of Land Council .............................................................. 109
33.......... Borrowing by Land Council ........................................................... 111
33A....... Land Council may charge fees for services ..................................... 111
33B....... Land Council may charge other fees ............................................... 111
34.......... Expenditure to be in accordance with approved estimates ............. 112
35.......... Application of money of Land Council .......................................... 113
35A....... Making of determinations under subsection 35(2), (3) or (6) ........ 117
35B....... Notification requirements for body corporate receiving money from Land Council 118
35C....... Reporting obligations for body corporate receiving money from Land Council 118
36.......... Other payments to be approved by Minister ................................ 119
37.......... Additional Land Council reporting requirements ........................... 119
38.......... Minister to provide evaluation or audit reports to Land Council .. 121
39.......... Minister may give directions about Land Council finances ............ 122
Part IV--Mining 123
40.......... Grants of exploration licences ........................................................ 123
41.......... Application for consent to exploration licences ............................. 123
41A....... Withdrawal of application for consent to exploration licence ........ 125
42.......... Response of Land Council and Minister to application ................. 126
43.......... National interest cases .................................................................... 131
44.......... Determination of conditions of exploration licences ...................... 133
44A....... Terms and conditions of exploration licences ................................. 135
45.......... Mining interest not to be granted in certain circumstances ............ 136
46.......... Terms and conditions to which grant of mining interest subject .... 136
47.......... Cancellation of exploration licence or mining interest .................... 141
48.......... No further applications within certain periods .............................. 142
48A....... Land Council may enter agreement concerning exploration or mining of land subject to claim 146
48AA.... Special provisions relating to specified areas ................................. 147
48B....... Variation of terms and conditions ................................................... 149
48C....... Application of Acts authorising mining on Aboriginal land ........... 150
48D....... Payments in respect of mining under Acts ..................................... 150
48E........ Arbitration on required agreement .................................................. 151
48F........ Appointment as Mining Commissioner ......................................... 151
48G....... Proclamations to be laid before Parliament ..................................... 152
48H....... Agreements for entry on Aboriginal land ....................................... 154
48J........ Offence in connection with mining interest .................................... 154
Part V--Aboriginal Land Commissioners 156
49.......... Aboriginal Land Commissioners ..................................................... 156
50.......... Functions of Commissioner ............................................................ 156
51.......... Powers of Commissioner ................................................................ 159
52.......... Appointment of Commissioner ...................................................... 160
53.......... Judge or former Judge to be appointed as Commissioner .............. 160
53A....... Protection for Commissioner etc. ................................................... 160
54.......... Power to require person to answer questions and produce documents .. 161
54A....... Person wishing to give information etc. to Commissioner ............. 162
54AA.... Commissioner may restrict publication etc. ................................... 163
54C....... Financial assistance in respect of legal representation .................... 163
54D....... Reference of question of law to Federal Court ............................... 164
55.......... Interests of Commissioner in any business .................................... 165
56.......... Leave of absence ............................................................................. 165
57.......... Acting appointments ...................................................................... 165
58.......... Resignation ..................................................................................... 166
59.......... Staff to assist Commissioner .......................................................... 166
60.......... Consultants to Commissioner ........................................................ 166
61.......... Annual report etc. by Commissioner ............................................. 167
Part VI--Aboriginals Benefit Account 168
62.......... Aboriginals Benefit Account .......................................................... 168
62A....... Minimum investment amount ........................................................ 168
63.......... Credit of amounts to Account ........................................................ 168
64.......... Debits from the Account ................................................................ 170
64A....... Debit of additional amounts from Account .................................... 172
64B....... Accounts, financial statements and annual report .......................... 174
65.......... Account Advisory Committee ....................................................... 174
Part VII--Miscellaneous 176
66.......... Interpretation .................................................................................. 176
67.......... Aboriginal land not to be resumed etc. ........................................... 176
67A....... Estates or interests not to be granted while land subject to traditional land claim 176
67B....... Certain estates or interests may be granted while land subject to traditional land claim 181
68.......... Roads over Aboriginal land ............................................................. 183
69.......... Sacred sites ..................................................................................... 184
70.......... Entry etc. on Aboriginal land [see Note 1] ..................................... 185
70A....... Vested Aboriginal land and community land .................................. 189
70B....... Entering or remaining on Aboriginal land--access roads to communities 189
70C....... Entering or remaining on Aboriginal land--aerodromes ................. 192
70D....... Entering or remaining on Aboriginal land--landing places for vessels 194
70E........ Entering or remaining on Aboriginal land--roads within communities 195
70F........ Entering or remaining on Aboriginal land--common areas ............. 198
70G....... Entering or remaining on Aboriginal land--court hearings ............. 201
70H....... No limit on section 71 .................................................................... 201
71.......... Traditional rights to use or occupation of Aboriginal land ............. 201
72.......... Aboriginal land to continue to be reserve under Northern Territory law 202
73.......... Reciprocal legislation of the Northern Territory ............................ 202
74.......... Application of laws of Northern Territory to Aboriginal land ...... 204
74AA.... Revoking of permits issued under the Aboriginal Land Act of the Northern Territory 204
74A....... Financial assistance in respect of legal representation in closure of seas applications 204
75.......... Application of miner's right in relation to Aboriginal land ............ 205
76.......... Delegation by Minister ................................................................... 205
77.......... Remuneration and allowances ......................................................... 206
77A....... Consents of traditional Aboriginal owners ..................................... 207
77B....... Conduct by director, servants or agents ......................................... 207
77C....... Amendment of Schedule 1 .............................................................. 208
78.......... Regulations ..................................................................................... 208
Schedule 1 209
Part 1 209
Part 2 223
Part 3 225
Part 4 230
Part 5 234
Schedule 2 239
Schedule 3 240
Schedule 4 241
Schedule 5 243
Schedule 6--Anindilyakwa Land Trust 244
Schedule 7--Community land 245
1............ Acacia Larrakia ............................................................................... 245
2............ Ali Curung ...................................................................................... 246
3............ Amanbidji ....................................................................................... 248
4............ Amoonguna ..................................................................................... 249
5............ Ampilatwatja .................................................................................. 250
6............ Angurugu ........................................................................................ 251
7............ Areyonga ........................................................................................ 252
8............ Barunga ........................................................................................... 253
9............ Belyuen ........................................................................................... 255
10.......... Beswick .......................................................................................... 257
11.......... Bulman ............................................................................................ 258
12.......... Daguragu ......................................................................................... 260
13.......... Galiwinku ....................................................................................... 262
14.......... Gapuwiyak ..................................................................................... 267
15.......... Gunbalanya ..................................................................................... 269
16.......... Gunyangara ..................................................................................... 271
17.......... Haasts Bluff .................................................................................... 272
18.......... Hermannsburg ................................................................................. 274
19.......... Kaltukatjara .................................................................................... 276
20.......... Kintore ............................................................................................ 279
21.......... Lajamanu ......................................................................................... 281
22.......... Maningrida ...................................................................................... 284
23.......... Manyallaluk .................................................................................... 287
24.......... Milikapiti ........................................................................................ 288
25.......... Milingimbi ...................................................................................... 290
26.......... Milyakburra .................................................................................... 292
27.......... Minjilang ......................................................................................... 293
28.......... Mt Liebig ........................................................................................ 296
29.......... Mutitjulu ........................................................................................ 299
30.......... Nguiu .............................................................................................. 299
31.......... Ngukurr ........................................................................................... 299
32.......... Nturiya ........................................................................................... 300
33.......... Numbulwar ..................................................................................... 302
34.......... Nyirripi ........................................................................................... 304
35.......... Palumpa .......................................................................................... 305
36.......... Papunya .......................................................................................... 307
37.......... Peppimenarti .................................................................................. 310
38.......... Pigeon Hole ..................................................................................... 312
39.......... Pirlangimpi ...................................................................................... 313
40.......... Pmara Jutunta ................................................................................. 314
41.......... Ramingining .................................................................................... 316
42.......... Robinson River ............................................................................... 319
43.......... Santa Teresa .................................................................................... 320
44.......... Umbakumba .................................................................................... 322
45.......... Wadeye ........................................................................................... 324
46.......... Wallace Rockhole ............................................................................ 326
47.......... Warruwi .......................................................................................... 328
48.......... Weemol ........................................................................................... 330
49.......... Willowra ......................................................................................... 332
50.......... Yirrkala ........................................................................................... 334
51.......... Yuelamu .......................................................................................... 335
52.......... Yuendumu ....................................................................................... 336
53.......... Low water marks ............................................................................ 338
Notes 341
An Act providing for the granting of Traditional Aboriginal Land in the Northern Territory for the benefit of Aboriginals, and for other purposes
Notes to
the
Aboriginal Land Rights (Northern
Territory) Act 1976 Note 1 The Aboriginal Land Rights (Northern
Territory) Act 1976 as shown in this
compilation comprises Act No. 191, 1976 amended as indicated
in the Tables below. The Aboriginal Land Rights (Northern Territory) Act 1976 was
amended by the Aboriginal Land Rights (Northern Territory) (Land Description)
Regulations (as amended), the Aboriginal Land Rights (Northern Territory) (Land
Description) (Ranken River Locality etc.) Regulations, the Aboriginal Land
Rights (Northern Territory) (Land Description) (Birdum (Jommet Block) Locality)
Regulations, the Aboriginal Land Rights (Northern Territory) (Land Description)
(Mt Kathleen Locality) Regulations, the Aboriginal Land Rights (Northern
Territory) (Land Description) (Forster Range (Stirling) and other Localities)
Regulations, the Aboriginal Land Rights (Northern Territory) (Land Description)
(16 Mile (Bond Springs) Locality) Regulations and the Aboriginal Land Rights
(Northern Territory) (Land Description) (Mt Solitaire Locality) Regulations.
The amendments are incorporated in this
compilation.
For cessation details of subsections
70(2BA), (2BB) and (2BC) see subsection 70(2BD). All relevant information pertaining to application, saving or
transitional provisions prior to 16 July 1999 is not included in this
compilation. For subsequent information see
Table A. Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
191, 1976 |
16 Dec 1976 |
S. 70: 1 Feb 1979 (see Gazette 1979, No. S9) |
|
|
|
Aboriginal Land Rights (Northern Territory) Amendment Act 1978 |
21, 1978 |
17 May 1978 |
23 June 1978 (see Gazette 1978, No. S110) |
-- |
|
Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1978 |
70, 1978 |
22 June 1978 |
1 July 1978 |
|
|
Aboriginal Land Rights (Northern Territory) Amendment Act (No. 2) 1978 |
83, 1978 |
22 June 1978 |
22 June 1978 |
-- |
|
Aboriginal Land Rights (Northern Territory) Amendment Act 1979 |
189, 1979 |
4 Dec 1979 |
4 Dec 1979 |
|
|
as amended by |
|
|
|
|
|
16, 1982 |
15 Apr 1982 |
15 Apr 1982 |
||
|
Aboriginal Land Rights (Northern Territory) Amendment Act 1980 |
72, 1980 |
28 May 1980 |
||
|
92, 1981 |
18 June 1981 |
Part I (ss. 1, 2): Royal Assent |
-- |
|
|
16, 1982 |
15 Apr 1982 |
15 Apr 1982 |
||
|
as amended by |
|
|
|
|
|
80, 1982 |
22 Sept 1982 |
-- |
||
|
80, 1982 |
22 Sept 1982 |
-- |
||
|
63, 1984 |
25 June 1984 |
S. 151(1): 1 July 1984 (see Gazette 1984, No. S245) (c) |
S. 151(9) |
|
|
as amended by |
|
|
|
|
|
165, 1984 |
25 Oct 1984 |
S. 3: (d) |
-- |
|
|
72, 1984 |
25 June 1984 |
S. 3: Royal Assent (e) |
||
|
65, 1985 |
5 June 1985 |
-- |
||
|
Aboriginal Land Rights (Northern Territory) Amendment Act 1985 |
93, 1985 |
2 Sept 1985 |
2 Sept 1985 |
-- |
|
166, 1985 |
11 Dec 1985 |
|||
|
Aboriginal Land Rights (Northern Territory) Amendment Act (No. 2) 1987 |
18, 1987 |
18 May 1987 |
18 May 1987 (see s. 2) |
-- |
|
as amended by |
|
|
|
|
|
38, 1988 |
3 June 1988 |
-- |
||
|
Aboriginal Land Rights (Northern Territory) Amendment Act 1987 |
40, 1987 |
5 June 1987 |
S. 13 (in part): 1 Sept 1995 (see Gazette 1995,
No. S333) |
|
|
as amended by |
|
|
|
|
|
Aboriginal Land Rights (Northern Territory) Amendment Act 1989 |
2, 1990 |
17 Jan 1990 |
17 Jan 1990 |
-- |
|
Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987 |
75, 1987 |
5 June 1987 |
5 June 1987 |
|
|
as amended by |
|
|
|
|
|
Aboriginal Land Rights (Northern Territory) Amendment Act 1989 |
2, 1990 |
17 Jan 1990 |
17 Jan 1990 |
-- |
|
141, 1987 |
18 Dec 1987 |
S. 3: Royal Assent (j) |
||
|
Lands Acquisition (Repeal and Consequential Provisions) Act 1989 |
21, 1989 |
20 Apr 1989 |
9 June 1989 (see s. 2 and Gazette 1989, No. S185) |
-- |
|
150, 1989 |
27 Nov 1989 |
5 Mar 1990 (see Gazette 1990, No. S48) |
-- |
|
|
Aboriginal Land Rights (Northern Territory) Amendment Act 1989 |
2, 1990 |
17 Jan 1990 |
17 Jan 1990 |
-- |
|
199, 1991 |
18 Dec 1991 |
18 Dec 1991 |
-- |
|
|
Aboriginal Land Rights (Northern Territory) Amendment Act 1993 |
6, 1993 |
27 May 1993 |
27 May 1993 |
-- |
|
Aboriginal Land Rights (Northern Territory) Amendment Act 1994 |
66, 1994 |
30 May 1994 |
30 May 1994 |
-- |
|
Aboriginal Land Rights (Northern Territory) Amendment Act 1995 |
37, 1995 |
12 Apr 1995 |
12 Apr 1995 |
-- |
|
Aboriginal Land Rights (Northern Territory) Amendment Act (No. 2) 1995 |
63, 1995 |
30 June 1995 |
30 June 1995 |
-- |
|
43, 1996 |
25 Oct 1996 |
Schedule 4 (item 3): Royal Assent (k) |
-- |
|
|
Aboriginal Land Rights (Northern Territory) Amendment Act 1997 |
117, 1997 |
7 July 1997 |
7 July 1997 |
-- |
|
152, 1997 |
24 Oct 1997 |
Schedule 2 (items 113‑135): 1 Jan 1998 (see Gazette 1997, No. GN49) (l) |
-- |
|
|
Aboriginal Land Rights (Northern Territory) Amendment Act (No. 1) 1999 |
1, 1999 |
26 Feb 1999 |
26 Mar 1999 |
-- |
|
92, 1999 |
16 July 1999 |
Schedule 3 (item 4), Schedule 4 (items 23‑37): 16 July 2000 (m) |
Sch. 4 (items 31, 33) [see Table A] |
|
|
Public Employment (Consequential and Transitional) Amendment Act 1999 |
146, 1999 |
11 Nov 1999 |
Schedule 1 (items 28‑31): 5 Dec 1999 (see Gazette 1999, No. S584) (n) |
-- |
|
179, 1999 |
22 Dec 1999 |
Schedule 11 (items 1, 2): 1 July 2000 (o) |
-- |
|
|
Aboriginal Land Rights (Northern Territory) Amendment Act (No. 2) 2000 |
27, 2000 |
3 Apr 2000 |
3 Apr 2000 |
-- |
|
Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 2000 |
112, 2000 |
5 Sept 2000 |
5 Sept 2000 |
-- |
|
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 |
137, 2000 |
24 Nov 2000 |
Ss. 1‑3 and Schedule 1 (items 1, 4, 6, 7, 9‑11,
32): Royal Assent |
Sch. 2 (items 418, 419) [see Table A] |
|
Reconciliation and Aboriginal and Torres Strait Islander Affairs Legislation Amendment (Application of Criminal Code) Act 2001 |
112, 2001 |
17 Sept 2001 |
15 Oct 2001 |
S. 4 [see Table A] |
|
Aboriginal Land Rights (Northern Territory) Amendment Act 2002 |
99, 2002 |
10 Nov 2002 |
10 Nov 2002 |
-- |
|
8, 2005 |
22 Feb 2005 |
S. 4, Schedule 1 (items 59-69, 496) and Schedule 2 (items 11, 12, 174): Royal Assent |
S. 4, Sch. 1 (item 496) and Sch. 2 (item 174) [see Table A] |
|
|
Aboriginal and Torres Strait Islander Commission Amendment Act 2005 |
32, 2005 |
22 Mar 2005 |
Schedule 4 (items 7-11): 24 Mar 2005 |
-- |
|
Aboriginal Land Rights (Northern Territory) Amendment Act 2006 |
93, 2006 |
5 Sept 2006 |
Schedule 1 (items 1-4, 8, 10, 11, |
Sch. 1 (items 206, 208-223, 224(1), (2), (4)-(12),
225-234) |
|
as amended by |
|
|
|
|
|
Aboriginal Land Rights (Northern Territory) Amendment (Township Leasing) Act 2007 |
121, 2007 |
28 June 2007 |
Schedule 2 (items 2, 3): (see 121, 2007 below) |
-- |
|
Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006 |
101, 2006 |
14 Sept 2006 |
Schedule 2 (item 1) and Schedule 6 (items 1, 6-11): Royal Assent |
Sch. 6 (items 1, |
|
Corporations (Aboriginal and Torres Strait Islander) Consequential, Transitional and Other Measures Act 2006 |
125, 2006 |
4 Nov 2006 |
Schedules 1-3: 1 July 2007 (see
s. 2(1)) |
-- |
|
Aboriginal Land Rights (Northern Territory) Amendment (Township Leasing) Act 2007 |
121, 2007 |
28 June 2007 |
Schedule 1: 1 July 2007 (see F2007L01932) |
-- |
|
Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007 |
128, 2007 |
17 Aug 2007 |
Ss. 3-5: Royal Assent |
|
|
67, 2008 |
1 July 2008 |
2 July 2008 |
Sch. 1 (items 4, 7) [see Table A] |
|
|
73, 2008 |
3 July 2008 |
Schedule 4 (item 31): 4 July 2008 |
-- |
(a) The Aboriginal Land Rights Legislation Amendment Act 1982 was amended by Part IV (sections 10 and 11) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2(2) of which provides as follows:
(2) Part IV and sections 12 and 13 shall be deemed to have come into operation on 15 April 1982.
(b) The Aboriginal Land Rights (Northern Territory) Act 1976 was amended by sections 12‑14 only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsections 2(2) and (16) of which provide as follows:
(2) Part IV and sections 12 and 13 shall be deemed to have come into operation on 15 April 1982.
(16) The remaining provisions of this Act shall come into operation on the twenty‑eighth day after the day on which this Act receives the Royal Assent.
(c) The Aboriginal Land Rights (Northern Territory) Act 1976 was amended by subsection 151(1) only of the Public Service Reform Act 1984, subsection 2(4) of which provides as follows:
(4) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation.
(d) The Public Service Reform Act 1984 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, paragraph 2(21)(b) of which provides as follows:
(21) The amendments of the Public Service Reform Act 1984 made by this Act shall:
(b) in the case of the amendments of Items 1 and 3 of Schedule 4 to the first‑mentioned Act--be deemed to have come into operation on 1 July 1984.
(e) The Aboriginal Land Rights (Northern Territory) Act 1976 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984, subsection 2(3) of which provides as follows:
(3) The amendments of the Aboriginal Land Rights (Northern Territory) Act 1976 made by this Act shall come into operation on the day on which this Act receives the Royal Assent.
(f) The Aboriginal Land Rights (Northern Territory) Act 1976 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.
(g) The Aboriginal Land Rights (Northern Territory) Act 1976 was amended by section 45 only of the Public Service and Statutory Authorities Amendment Act 1985, subsection 2(7) of which provides as follows:
(7) The remaining provisions of this Act shall come into operation on the twenty‑eighth day after the day on which this Act receives the Royal Assent.
(h) The Aboriginal Land Rights (Northern Territory) Amendment Act (No. 2) 1987 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1988, subsection 2(2) of which provides as follows:
(2) The amendment of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 2) 1987 made by this Act shall be taken to have commenced immediately after the commencement of the first‑mentioned Act.
(i) Section 34 of the Aboriginal Land Rights (Northern Territory) Amendment Act 1987 provided for the amendment of section 74 of the Aboriginal Land Rights (Northern Territory) Act 1976. The last‑mentioned section was repealed by the Aboriginal Land Rights (Northern Territory) Amendment Act 1989 before a date was fixed for the commencement of section 34.
(j) The Aboriginal Land Rights (Northern Territory) Act 1976 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(k) The Aboriginal Land Rights (Northern Territory) Act 1976 was amended by Schedule 4 (item 3) only of the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(l) The Aboriginal Land Rights (Northern Territory) Act 1976 was amended by Schedule 2 (items 113‑135) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:
(2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.
(m) The Aboriginal Land Rights (Northern Territory) Act 1976 was amended by Schedule 3 (item 4) and Schedule 4 (items 23‑30, 32, 34‑37) only of the Environmental Reform (Consequential Provisions) Act 1999, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences when the Environment Protection and Biodiversity Conservation Act 1999 commences.
(n) The Aboriginal Land Rights (Northern Territory) Act 1976 was amended by Schedule 1 (items 28‑31) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to section, this Act commences at the commencing time.
(o) The Aboriginal Land Rights (Northern Territory) Act 1976 was amended by Schedule 11 (items 1 and 2) only of the A New Tax System (Tax Administration) Act 1999, subsection 2(9)(b) of which provides as follows
(9) The following provisions commence on 1 July 2000:
(b) Schedule 11 (other than item 44).
(p) Subsection 2(1) (items 3-5) of the Aboriginal Land Rights (Northern Territory) Amendment (Township Leasing) Act 2007 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Commencement information |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
3. Schedule 2, item 1 |
Immediately after the commencement of item 147 of Schedule 1 to the Aboriginal Land Rights ( Northern Territory ) Amendment Act 2006 . |
1 July 2007 |
|
4. Schedule 2, item 2 |
Immediately after the time specified in the Aboriginal Land Rights (Northern Territory) Amendment Act 2006 for the commencement of item 111 of Schedule 1 to that Act. |
1 July 2007 |
|
5. Schedule 2, item 3 |
Immediately after the commencement of item 224 of Schedule 1 to the Aboriginal Land Rights ( Northern Territory ) Amendment Act 2006 . |
1 July 2007 |
(q) Subsection 2(1) (items 3 and 9) of the Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
3. Schedules 2 and 3 |
The day after this Act receives the Royal Assent. |
18 August 2007 |
|
9. Schedule 5, items 5 and 6 |
Immediately after the commencement of the provision(s) covered by table item 3. |
18 August 2007 |
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
Part I |
|
|
am. Nos. 21 and 70, 1978; No. 72, 1984; Nos. 18, 40 and 75, 1987; No. 21, 1989; No. 2, 1990; No. 152, 1997; No. 92, 1999; No. 8, 2005; Nos. 93 and 125, 2006; No. 67, 2008 |
|
|
ad. No. 93, 2006 |
|
|
ad. No. 93, 2006 |
|
|
ad. No. 70, 1978 |
|
|
ad. No. 40, 1987 |
|
|
ad. No. 21, 1989 |
|
|
ad. No. 112, 2001 |
|
|
Part II |
|
|
Subheads. to s. 4(3), (4).... |
ad. No. 93, 2006 |
|
am. No. 21, 1978; No. 16, 1982; No. 40, 1987; No. 2, 1990; No. 152, 1997; No. 93, 2006 |
|
|
am. No. 21, 1978; No. 21, 1989 |
|
|
am. No. 16, 1982; No. 152, 1997; No. 112, 2001; Nos. 93 and 125, 2006 |
|
|
am. No. 112, 2001 |
|
|
am. No. 16, 1982; No. 93, 1985; No. 40, 1987; No. 92, 1999; No. 93, 2006 |
|
|
Heading to s. 11.................. |
rs. No. 112, 2000 |
|
am. No. 21, 1978; No. 189, 1979; No. 16, 1982 (as am. by No. 80, 1982); No. 80, 1982; No. 72, 1984; Nos. 18 and 40, 1987; No. 92, 1999; No. 112, 2000; No. 112, 2001; No. 93, 2006 |
|
|
ad. No. 40, 1987 |
|
|
ad. No. 112, 2000 |
|
|
am. No. 21, 1978; No. 72, 1980; No. 93, 1985; Nos. 18 and 40, 1987; No. 21, 1989; No. 63, 1995; No. 92, 1999; No. 112, 2000 |
|
|
ad. No. 16, 1982 |
|
|
ad. No. 93, 2006 |
|
|
ad. No. 72, 1980 |
|
|
ad. No. 40, 1987 |
|
|
ad. No. 21, 1978 |
|
|
|
am. No. 92, 1999; No. 112, 2001 |
|
ad. No. 21, 1978 |
|
|
am. No. 112, 2001 |
|
|
am. No. 70, 1978; No. 93, 2006 |
|
|
Heading to s. 15.................. |
am. No. 93, 2006 |
|
am. No. 93, 2006 |
|
|
am. No. 40, 1987 |
|
|
Heading to s. 17.................. |
am. No. 93, 2006 |
|
rs. No. 70, 1978 |
|
|
|
am. No. 93, 2006 |
|
ad. No. 83, 1978 |
|
|
ad. No. 83, 1978 |
|
|
|
am. No. 112, 2001 |
|
ad. No. 83, 1978 |
|
|
am. Nos. 21 and 70, 1978; No. 93, 1985; No. 40, 1987; No. 112, 2001; Nos. 93 and 125, 2006; No. 67, 2008 |
|
|
Note to s. 19(4)................... |
ad. No. 93, 2006 |
|
Subhead. to s. 19A(5), (6).. |
ad. No. 67, 2008 |
|
ad. No. 93, 2006 |
|
|
|
am. No. 128, 2007; No. 67, 2008 |
|
ad. No. 93, 2006 |
|
|
|
am No. 67, 2008 |
|
ad. No. 93, 2006 |
|
|
am. No. 112, 2001 |
|
|
ad. No. 21, 1978 |
|
|
|
am. No. 93, 2006; No. 67, 2008 |
|
Part IIA |
|
|
Part IIA................................. |
ad. No. 121, 2007 |
|
Division 1 |
|
|
ad. No. 121, 2007 |
|
|
Division 2 |
|
|
ad. No. 121, 2007 |
|
|
|
am. No. 67, 2008 |
|
ad. No. 67, 2008 |
|
|
Division 3 |
|
|
ad. No. 121, 2007 |
|
|
ad. No. 121, 2007 |
|
|
|
rs. No. 67, 2008 |
|
ad. No. 121, 2007 |
|
|
ad. No. 121, 2007 |
|
|
|
rs. No. 67, 2008 |
|
ad. No. 121, 2007 |
|
|
ad. No. 121, 2007 |
|
|
|
rs. No. 67, 2008 |
|
ad. No. 121, 2007 |
|
|
ad. No. 121, 2007 |
|
|
|
rs. No. 67, 2008 |
|
ad. No. 121, 2007 |
|
|
Division 4 |
|
|
ad. No. 121, 2007 |
|
|
Division 5 |
|
|
ad. No. 121, 2007 |
|
|
Division 6 |
|
|
Div. 6 of Part IIA.................. |
rs. No. 67, 2008 |
|
ad. No. 121, 2007 |
|
|
|
rs. No. 67, 2008 |
|
ad. No. 67, 2008 |
|
|
Part IIB |
|
|
Part IIB................................. |
ad. No. 128, 2007 |
|
Division 1 |
|
|
ad. No. 128, 2007 |
|
|
Division 2 |
|
|
Subdivision A |
|
|
ad. No. 128, 2007 |
|
|
Subdivision B |
|
|
ad. No. 128, 2007 |
|
|
ad. No. 128, 2007 |
|
|
|
am. No. 67, 2008 |
|
ad. No. 128, 2007 |
|
|
ad. No. 128, 2007 |
|
|
|
rs. No. 67, 2008 |
|
ad. No. 128, 2007 |
|
|
Subdivision C |
|
|
ad. No. 128, 2007 |
|
|
Subdivision D |
|
|
ad. No. 128, 2007 |
|
|
|
am. No. 67, 2008 |
|
Division 3 |
|
|
Subdivision A |
|
|
ad. No. 128, 2007 |
|
|
Subdivision B |
|
|
ad. No. 128, 2007 |
|
|
ad. No. 128, 2007 |
|
|
|
am. No. 67, 2008 |
|
ad. No. 128, 2007 |
|
|
ad. No. 128, 2007 |
|
|
|
rs. No. 67, 2008 |
|
ad. No. 128, 2007 |
|
|
Subdivision C |
|
|
ad. No. 128, 2007 |
|
|
Subdivision D |
|
|
ad. No. 128, 2007 |
|
|
|
am. No. 67, 2008 |
|
Part III |
|
|
am. No. 112, 2001; No. 93, 2006 |
|
|
Note to s. 21(1)................... |
ad. No. 93, 2006 |
|
ad. No. 93, 2006 |
|
|
|
am. No. 125, 2006 |
|
ad. No. 93, 2006 |
|
|
Note to s. 22(1)................... |
ad. No. 152,
1997 |
|
Note 2 to s. 22(1)................ |
ad. No. 93, 2006 |
|
ad. No. 152, 1997 |
|
|
|
am. No. 93, 2006 |
|
am. No. 40, 1987; No. 2, 1990; No. 67, 2008 |
|
|
ad. No. 93, 2006 |
|
|
ad. No. 21, 1978 |
|
|
|
am. No. 137, 2000 |
|
ad. No. 21, 1978 |
|
|
ad. No. 21, 1978 |
|
|
|
am. No. 40, 1987; No. 137, 2000 |
|
ad. No. 21, 1978 |
|
|
|
am. No. 112, 2001 |
|
ad. No. 21, 1978 |
|
|
|
am. No. 63, 1984; No. 40, 1987; No. 150, 1989; No. 146, 1999; No. 112, 2001; No. 32, 2005; No. 93, 2006 |
|
am. No. 40, 1987 |
|
|
am. No. 112, 2001; No. 125, 2006 |
|
|
am. No. 40, 1987 |
|
|
S. 27.................................... |
am. No. 189, 1979; No. 72, 1980; No. 166, 1985; No. 40,1987; No. 199, 1991; No. 112, 2001; Nos. 93 and 125, 2006 |
|
Subhead. to s. 28(3)........... |
am. No. 125, 2006 |
|
am. No. 40, 1987; No. 152, 1997; Nos. 93 and 125, 2006 |
|
|
Heading to s. 28A............... |
am. No. 125, 2006 |
|
ad. No. 93, 2006 |
|
|
|
am. No. 125, 2006 |
|
Notes to s. 28A(1), (4), (5). |
am. No. 125, 2006 |
|
Heading to s. 28B................ |
am. No. 125, 2006 |
|
Subheads. to s. 28B(2)-(4) |
am. No. 125, 2006 |
|
ad. No. 93, 2006 |
|
|
|
am. No. 125, 2006 |
|
Notes to s. 28B(3)-(6)........ |
am. No. 125, 2006 |
|
ad. No. 93, 2006 |
|
|
|
am. No. 125, 2006 |
|
Heading to s. 28D................ |
am. No. 125, 2006 |
|
ad. No. 93, 2006 |
|
|
|
am. No. 125, 2006 |
|
Heading to s. 28E................ |
am. No. 125, 2006 |
|
ad. No. 93, 2006 |
|
|
|
am. No. 125, 2006 |
|
Heading to s. 28F................ |
am. No. 125, 2006 |
|
ad. No. 93, 2006 |
|
|
|
am. No. 125, 2006 |
|
am. No. 93, 2006 |
|
|
ad. No. 93, 2006 |
|
|
ad. No. 40, 1987 |
|
|
|
am. No. 93, 2006 |
|
Heading to s. 30.................. |
am. No. 152, 1997 |
|
am. No. 152, 1997 |
|
|
am. No. 152, 1997; No. 112, 2001; No. 93, 2006 |
|
|
S. 32.................................... |
rep. No. 152, 1997 |
|
am. No. 72, 1984; No. 8, 2005 |
|
|
ad. No. 93, 2006 |
|
|
ad. No. 67, 2008 |
|
|
Heading to s. 34.................. |
rs. No. 152, 1997 |
|
|
am. No. 93, 2006 |
|
am. No. 72, 1984; No. 152, 1997; No. 112, 2001; No. 93, 2006; No. 67, 2008 |
|
|
Note to s. 34(1)................... |
ad. No. 93, 2006 |
|
am. No. 189, 1979; Nos. 40 and 75, 1987; No. 2, 1990; No. 152, 1997; No. 8, 2005; Nos. 93 and 125, 2006; No. 67, 2008 |
|
|
Notes 1-3 to s. 35(2).......... |
ad. No. 93, 2006 |
|
|
rep. No. 125, 2006 |
|
Notes 1-3 to s. 35(3).......... |
ad. No. 93, 2006 |
|
|
rep. No. 125, 2006 |
|
Notes 1, 2 to s. 35(6).......... |
ad. No. 93, 2006 |
|
Notes 1, 2 to s. 35(11)........ |
ad. No. 93, 2006 |
|
ad. No. 40, 1987 |
|
|
|
rs. No. 93, 2006 |
|
ad. No. 93, 2006 |
|
|
rs. No. 152, 1997; Nos. 93 and 125, 2006 |
|
|
|
am. No. 67, 2008 |
|
S. 37AA.............................. |
ad. No. 40, 1987 |
|
|
rep. No. 152, 1997 |
|
S. 37A................................. |
ad. No. 189, 1979 |
|
|
am. No. 40, 1987 |
|
|
rep. No. 152, 1997 |
|
rep. No. 152, 1997 |
|
|
|
ad. No. 93, 2006 |
|
rep. No. 65, 1985 |
|
|
|
ad. No. 93, 2006 |
|
Part IV |
|
|
Part IV................................. |
rs. No. 75, 1987 |
|
am. No. 18, 1987 |
|
|
|
rs. No. 75, 1987 |
|
|
am. No. 141, 1987; No. 2, 1990; No. 93, 2006 |
|
am. No. 18, 1987 |
|
|
|
rs. No. 75, 1987 |
|
|
am. No. 93, 2006 |
|
Note to s. 41(1)................... |
ad. No. 93, 2006 |
|
ad. No. 93, 2006 |
|
|
am. No. 189, 1979; No. 80, 1982; No. 18, 1987 |
|
|
|
rs. No. 75, 1987 |
|
|
am. No. 141, 1987; No. 93, 2006 (as am. by No. 121, 2007) |
|
am. No. 72, 1980; No. 18, 1987 |
|
|
|
rs. No. 75, 1987 |
|
|
am. No. 93, 2006 |
|
am. No. 21, 1978; No. 72, 1980; No. 18, 1987 |
|
|
|
rs. No. 75, 1987 |
|
|
am. No. 141, 1987; No. 93, 2006 |
|
ad. No. 75, 1987 |
|
|
|
am. No. 141, 1987; No. 2, 1990; No. 93, 2006 |
|
am. No. 18, 1987 |
|
|
|
rs. No. 75, 1987 |
|
am. No. 21, 1978; No. 18, 1987 (as am. by No. 38, 1988) |
|
|
|
rs. No. 75, 1987 |
|
|
am. No. 93, 2006 |
|
S. 46A................................. |
ad. No. 72, 1980 |
|
|
rep. No. 75, 1987 |
|
am. No. 92, 1981 |
|
|
|
rs. No. 75, 1987; No. 93, 2006 |
|
am. No. 72, 1980 |
|
|
|
rs. No. 75, 1987 |
|
|
am. No. 93, 2006 |
|
Notes to s. 48(2), (3).......... |
ad. No. 93, 2006 |
|
Notes to s. 48(4), (9).......... |
ad. No. 93, 2006 |
|
ad. No. 75, 1987 |
|
|
ad. No. 2, 1990 |
|
|
ad. No. 75, 1987 |
|
|
|
am. No. 93, 2006; No. 121, 2007 |
|
ad. No. 75, 1987 |
|
|
ad. No. 75, 1987 |
|
|
|
am. No. 93, 2006 |
|
ad. No. 75, 1987 |
|
|
ad. No. 75, 1987 |
|
|
|
am. No. 2, 1990; No. 93, 2006 |
|
Part V |
|
|
Heading to Part V................ |
rs. No. 72, 1984 |
|
am. No. 72, 1984 |
|
|
am. No. 21, 1978; No. 189, 1979; No. 72, 1984; Nos. 18 and 40, 1987; No. 2, 1990; No. 92, 1999; No. 112, 2001; No. 93, 2006 |
|
|
am. No. 72, 1984; No. 112, 2001 |
|
|
am. No. 72, 1984; No. 40, 1987; No. 1, 1999; No. 112, 2001; No. 93, 2006 |
|
|
Heading to s. 53.................. |
am. No. 93, 2006 |
|
am. No. 72, 1984; No. 40, 1987; No. 112, 2001; No. 93, 2006 |
|
|
ad. No. 21, 1978 |
|
|
|
am. No. 72, 1984; No. 40, 1987; No. 112, 2001 |
|
am. No. 21, 1978; No. 72, 1984; No. 137, 2000; No. 112, 2001; No. 93, 2006 |
|
|
ad. No. 21, 1978 |
|
|
|
am. No. 72, 1984; No. 137, 2000; No. 112, 2001; No. 93, 2006 |
|
ad. No. 40, 1987 |
|
|
|
am. No. 112, 2001; No. 93, 2006 |
|
S. 54B................................. |
ad. No. 21, 1978 |
|
|
am. No. 72, 1984 |
|
|
rep. No. 137, 2000 |
|
ad. No. 189, 1979 |
|
|
|
am. No. 72, 1984; No. 146, 1999 |
|
ad. No. 40, 1987 |
|
|
am. No. 72, 1984; No. 112, 2001 |
|
|
am. No. 72, 1984 |
|
|
am. No. 21, 1978; No. 72, 1984; No. 112, 2001; No. 93, 2006 |
|
|
am. No. 72, 1984; No. 112, 2001 |
|
|
am. No. 72, 1984; No. 146, 1999 |
|
|
am. No. 72, 1984; No. 166, 1985 |
|
|
am. No. 72, 1984; No. 112, 2001 |
|
|
Part VI |
|
|
Heading to Part VI............... |
rs. No. 152, 1997; No. 8, 2005 |
|
Heading to s. 62.................. |
am. No. 152, 1997 |
|
|
rs. No. 8, 2005 |
|
am. No. 21, 1978; No. 152, 1997 |
|
|
|
rs. No. 8, 2005 |
|
ad. No. 21, 1978 |
|
|
|
rep. No. 8, 2005 |
|
|
ad. No. 93, 2006 |
|
Heading to s. 63.................. |
am. No. 152, 1997 |
|
|
rs. No. 8, 2005 |
|
am. Nos. 21 and 70, 1978; No. 189, 1979; No. 2, 1990; No. 152, 1997 |
|
|
|
rs. No. 8, 2005 |
|
Heading to s. 64.................. |
am. No. 152, 1997 |
|
|
rs. No. 8, 2005 |
|
am. No. 21, 1978; No. 189, 1979; No. 72, 1984; No. 152, 1997 |
|
|
|
rs. No. 8, 2005 |
|
|
am. No. 93, 2006; No. 67, 2008 |
|
Note to s. 64(4)................... |
ad. No. 93, 2006 |
|
Heading to s. 64A............... |
am. No. 152, 1997 |
|
|
rs. No. 8, 2005 |
|
ad. No. 16, 1982 |
|
|
|
am. No. 152, 1997; No. 179, 1999; No. 112, 2001 |
|
|
rs. No. 8, 2005 |
|
|
am. Nos. 93 and 101, 2006 |
|
ad. No. 150, 1989 |
|
|
|
am. No. 152, 1997; Nos. 8 and 32, 2005 |
|
Heading to s. 65.................. |
am. No. 152, 1997; No. 8, 2005 |
|
am. No. 21, 1978; No. 152, 1997; No. 8, 2005; No. 93, 2006 |
|
|
Part VII |
|
|
am. Nos. 21 and 83, 1978; No. 40, 1987 |
|
|
ad. No. 40, 1987 |
|
|
|
am. No. 93, 2006 |
|
Notes to s. 67A(1), (2)........ |
ad. No. 93, 2006 |
|
ad. No. 93, 2006 |
|
|
am. No. 18, 1987; No. 128, 2007 |
|
|
S. 69 ................................... |
am. No. 112, 2001; No. 93, 2006 |
|
am. No. 40, 1987; No. 112, 2001; No. 93, 2006; No. 128, 2007; No. 73, 2008 |
|
|
ad. No. 128, 2007 |
|
|
am. No. 125, 2006; No. 128, 2007 |
|
|
am. No. 70, 1978; No. 92, 1999; No. 128, 2007 |
|
|
ad. No. 128, 2007 |
|
|
ad. No. 16, 1982 |
|
|
|
am. No. 72, 1984; No. 112, 2001 |
|
am. No. 112, 2001; No. 93, 2006 |
|
|
|
rs. No. 93, 2006 |
|
|
am. No. 67, 2008 |
|
am. No. 43, 1996; No. 112, 2001; No. 93, 2006 |
|
|
ad. No. 40, 1987 |
|
|
|
am. No. 75, 1987 |
|
ad. No. 40, 1987 |
|
|
ad. No. 2, 1990 |
|
|
|
am. No. 6, 1993; No. 67, 2008 |
|
am. No. 93, 2006 |
|
|
Schedules |
|
|
Schedule 1.......................... |
am. No. 21, 1978; No. 16, 1982; No. 93, 1985; No. 2, 1990; Statutory Rules 1990 No. 282; Statutory Rules 1991 Nos. 26, 38, 62, 115, 282, 340 and 396; Statutory Rules 1992 Nos. 107, 133 and 369; No. 6, 1993; No. 66, 1994; Nos. 37 and 63, 1995; No. 117, 1997; No. 1, 1999; No. 27, 2000; No. 99, 2002; No. 67, 2008 |
|
Schedule 2.......................... |
am. No. 21, 1978; No. 189, 1979 |
|
Schedule 3.......................... |
am. No. 2, 1990 |
|
Schedule 4.......................... |
ad. No. 21, 1978 |
|
Schedule 5.......................... |
ad. No. 2, 1990 |
|
|
am. No. 8, 2005 |
|
Schedule 6.......................... |
ad. No. 93, 2006 |
|
Schedule 7.......................... |
ad. No. 128, 2007 |
Table A
Application, saving or transitional provisions
Environmental Reform (Consequential Provisions) Act 1999 (No. 92, 1999)
Schedule 4
31 Saving
To avoid doubt, the amendments of section 12 of the Aboriginal Land Rights (Northern Territory) Act 1976 made by this Schedule does not affect an agreement mentioned in subsection 12(2B) or (2C) of that Act before the commencement of the Environment Protection and Biodiversity Conservation Act 1999.
33 Application provision
Subsection 12A(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 as amended by this Schedule applies whether the estate or interest of the Director in the land ceased to exist before or after the commencement of the Environment Protection and Biodiversity Conservation Act 1999.
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)
Schedule 2
418 Transitional--pre‑commencement offences
(1) Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:
(a) an offence committed before the commencement of this item; or
(b) proceedings for an offence alleged to have been committed before the commencement of this item; or
(c) any matter connected with, or arising out of, such proceedings;
as if the amendment or repeal had not been made.
(2) Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.
419 Transitional--pre‑commencement notices
If:
(a) a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and
(b) any or all of those other provisions are repealed by this Schedule; and
(c) the first‑mentioned provision is amended by this Schedule;
the amendment of the first‑mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.
Reconciliation and
Aboriginal and Torres Strait Islander Affairs Legislation Amendment
(Application of Criminal Code) Act 2001
(No. 112, 2001)
(1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.
Financial Framework Legislation Amendment Act 2005 (No. 8, 2005)
4 Saving of matters in Part 2 of Schedule 1
(1) If:
(a) a decision or action is taken or another thing is made, given or done; and
(b) the thing is taken, made, given or done under a provision of a Part 2 Act that had effect immediately before the commencement of this Act;
then the thing has the corresponding effect, for the purposes of the Part 2 Act as amended by this Act, as if it had been taken, made, given or done under the Part 2 Act as so amended.
(2) In this section:
Part 2 Act means an Act that is amended by an item in Part 2 of Schedule 1.
Schedule 1
496 Saving provision--Finance Minister's determinations
If a determination under subsection 20(1) of the Financial Management and Accountability Act 1997 is in force immediately before the commencement of this item, the determination continues in force as if it were made under subsection 20(1) of that Act as amended by this Act.
Schedule 2
174 Saving provision--provisions that formerly referred to the Treasurer
(1) Any thing that:
(a) was done by the Treasurer, or by a delegate of the Treasurer, before the commencing time under an affected provision; and
(b) was in effect immediately before the commencing time;
continues to have effect after the commencing time as if it had been done by the Finance Minister under the affected provision.
(2) In this item:
affected provision means a provision that is amended by an item in this Schedule so as to replace references to the Treasurer with references to the Finance Minister.
commencing time means the day this Act receives the Royal Assent.
Finance Minister means the Minister who administers the Financial Management and Accountability Act 1997.
Aboriginal Land Rights (Northern Territory) Amendment
Act 2006
(No. 93, 2006)
Schedule 1
206 Application--audit reports
(1) Paragraph 193X(1)(ca) of the Aboriginal and Torres Strait Islander Act 2005, as inserted by item 1, applies in relation to the activities or operations of a Land Council carried out after the commencement of that item.
Persons receiving certain amounts under section 35 of the Aboriginal Land Rights (Northern Territory) Act 1976
(2) Paragraph 193X(1)(cb) of the Aboriginal and Torres Strait Islander Act 2005, as inserted by item 1, applies in relation to amounts received by a body corporate or other person after the commencement of that item (including amounts received under a determination made before that commencement).
(3) However, for amounts received under subsection 35(3) of the Aboriginal Land Rights (Northern Territory) Act 1976 in accordance with an agreement mentioned in that subsection, the agreement must also have been made after that commencement.
Persons receiving amounts under subsection 64(4) of the Aboriginal Land Rights (Northern Territory) Act 1976
(4) Paragraph 193X(1)(cc) of the Aboriginal and Torres Strait Islander Act 2005, as inserted by item 1, applies in relation to amounts received by an individual or organisation after the commencement of that item.
208 Application--transfers of land between Land Trusts
The amendments made by items 42 and 49 apply in relation to transfers made after the commencement of those items.
209 Application--Land Trust grants of estates or interests in land
Ministerial consent for grants of estate or interests by Land Trust
(1) The amendment made by item 43 applies in relation to grants of estates or interests after the commencement of that item.
Land Trust authorisations
(2) The amendment made by item 45 applies in relation to grants of estates or interests either before or after the commencement of that item.
210 Application--entry into contracts
The amendment made by item 60 applies in relation to contracts entered into after the commencement of that item.
211 Transitional--Land Council delegations
(1) For the purposes of subsection 28(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, the power of a Land Council to give consent under section 40 of that Act (as in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987) is not delegable under that subsection.
(2) For the purposes of subsection 28(3) of the Aboriginal Land Rights (Northern Territory) Act 1976, the power of a Land Council to give consent under section 40 of that Act (as in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987) is delegable under that subsection.
212 Application--disclosure of pecuniary interests by Land Council members
The amendment made by item 67 applies in relation to interests arising before or after the commencement of that item.
213 Application--Land Council committees
Appointments
(1) The amendments made by item 68 and item 70 (in so far as it inserts subsections 29A(2) and (3) of the Aboriginal Land Rights (Northern Territory) Act 1976) apply in relation to committees appointed after the commencement of those items.
Minutes
(2) Subsection 29A(6) of the Aboriginal Land Rights (Northern Territory) Act 1976 and subsection 29A(7) of that Act (in so far as it relates to minutes of committee meetings), as inserted by item 70, apply in relation to meetings held after the commencement of that item.
214 Application--minutes of Land Council meetings
The amendment made by item 73 applies in relation to meetings held after the commencement of that item.
215 Application and transitional--Land Council may charge fees for services
(1) The amendment made by item 74 applies in relation to services provided after the commencement of that item.
(2) Despite the repeal of subsection 48J(5) of the Aboriginal Land Rights (Northern Territory) Act 1976 made by item 162, that subsection continues to apply after the commencement of that item in relation to a payment made after that commencement under an agreement made before that commencement.
216 Application--estimates of Land Council costs
(1) The amendments made by items 75, 77 and 80 apply in relation to estimates submitted after the commencement of those items.
(2) The amendments made by items 78 and 79 apply in relation to financial years beginning on or after the commencement of those items.
217 Application--application of moneys of Land Council
The amendments made by items 81, 84, 89, 93, 95, 98 and 181 apply in relation to financial years beginning on or after the commencement of those items.
218 Transitional--amounts held in trust under subsection 35(7) of the Aboriginal Land Rights (Northern Territory) Act 1976
(1) If, immediately before the commencement of this item, an amount is held by a Land Council in trust under subsection 35(7) of the Aboriginal Land Rights (Northern Territory) Act 1976, the Council must, as soon as practicable after that commencement, pay the amount to the bodies concerned.
(2) Subsection 35(11) of that Act applies in relation to the payment (which is about the payment of interest).
(3) Subitem (1) applies despite subsection 35(9) of that Act.
219 Transitional--amounts held in trust for a body covered by subsection 35(12) of the Aboriginal Land Rights (Northern Territory) Act 1976
(1) If, immediately before the commencement of this item, an amount is held by a Land Council in trust under section 35 of the Aboriginal Land Rights (Northern Territory) Act 1976 for a body covered by subsection 35(12) of that Act, the Council must, as soon as practicable after that commencement, pay the amount to the body.
(2) Subsection 35(11) of that Act applies in relation to the payment (which is about the payment of interest).
(3) Subitem (1) applies despite subsection 35(9) of that Act.
220 Application--Land Council determinations under section 35 of the Aboriginal Land Rights (Northern Territory) Act 1976
Section 35A of the Aboriginal Land Rights (Northern Territory) Act 1976, as inserted by item 101, applies in relation to determinations made after the commencement of that item.
221 Transitional--old Land Council determinations under section 35 of the Aboriginal Land Rights (Northern Territory) Act 1976 of limited effect
A determination of a Land Council:
(a) made under subsection 35(2) or (3) of the Aboriginal Land Rights (Northern Territory) Act 1976 before this item commences; and
(b) that is in force immediately before the end of the period of 5 years beginning on the day on which this item commences;
has no effect after the end of that period in relation to moneys paid to the Council after the end of that period.
222 Application--spending of money received from Land Council under the Aboriginal Land Rights (Northern Territory) Act 1976
(1) Sections 35B and 35C of the Aboriginal Land Rights (Northern Territory) Act 1976, as inserted by item 101, apply in relation to amounts received by a body corporate after the commencement of that item (including amounts received under a determination made before that commencement).
(2) However, for amounts received under subsection 35(3) of that Act in accordance with an agreement mentioned in that subsection, the agreement must also have been made after that commencement.
223 Application--Land Council annual report
Section 37 of the Aboriginal Land Rights (Northern Territory) Act 1976, as inserted by item 102, applies in relation to financial years ending after the commencement of that item.
224 Application and transitional--mining
Applications for consent to grant of exploration licence
(1) The amendments made by items 104, 108, 109 and 119 apply in relation to applications made under subsection 41(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 after the commencement of those items.
(2) The amendment made by item 111 applies in relation to decisions made by a Land Council after the commencement of that item.
(3) The amendment made by item 116 applies in relation to decisions made by the Minister after the commencement of that item.
(4) If:
(a) within the period of 12 months before the commencement of this item, an application was made under section 41 of the Aboriginal Land Rights (Northern Territory) Act 1976; and
(b) immediately before that commencement, the Land Council had not made a decision in relation to the application under subsection 42(1) of that Act;
then subsections 42(13) to (20) of that Act, as inserted by this Act, are taken to apply in relation to the application.
(5) If:
(a) outside the period of 12 months before the commencement of this item, an application was made under section 41 of the Aboriginal Land Rights (Northern Territory) Act 1976; and
(b) before that commencement, the applicant and the Land Council concerned had agreed to a period (the agreed period) under paragraph 42(13)(b) of that Act; and
(c) the day before that commencement was within the agreed period and before the end of that day the Land Council had not made a decision in relation to the application under subsection 42(1) of that Act;
then:
(d) subject to paragraph (e), subsections 42(13) to (20) of that Act, as inserted by this Act, are taken to apply in relation to the application; and
(e) on the day this item commences, the applicant and the Land Council concerned are taken to have agreed (under paragraph 42(13)(b) of that Act as inserted by this Act) to a 2 year extension beginning on the day this item commences.
(6) If:
(a) outside the period of 12 months before the commencement of this item, an application was made under section 41 of the Aboriginal Land Rights (Northern Territory) Act 1976; and
(b) before that commencement, the Minister had determined a period (the determined period) under paragraph 42(13)(c) of that Act; and
(c) the day before that commencement was within the determined period and before the end of that day the Land Council had not made a decision in relation to the application under subsection 42(1) of that Act;
then:
(d) subject to paragraph (e), subsections 42(13) to (20) of that Act, as inserted by this Act, are taken to apply in relation to the application; and
(e) on the day this item commences, the applicant and the Land Council concerned are taken to have agreed (under paragraph 42(13)(c) of that Act as inserted by this Act) to a 12 month extension beginning on the day this item commences.
Consent to negotiate
(7) The amendments made by items 106 and 107 apply in relation to consents given by the Northern Territory Mining Minister (referred to in subsection 41(1) of the Aboriginal Land Rights (Northern Territory) Act 1976) after the commencement of those items.
Notification of decisions to consent or refuse to consent to grant of exploration licence
(8) The amendment made by item 112 applies in relation to consents, or refusals to consent, to the grant of an exploration licence that occur after the commencement of that item.
Cancellation of exploration licence
(9) Subsection 47(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, as inserted by item 132, applies to consents given before or after the commencement of that item.
(10) If:
(a) a Land Council had given a notice under paragraph 47(1)(b) of the Aboriginal Land Rights (Northern Territory) Act 1976 (as in force before the commencement of this item); and
(b) immediately before the commencement of this item, the Minister had not made a decision as to whether subsection 47(2) of that Act applied;
then:
(c) the Minister is taken to have received a notice from the Land Council under paragraph 47(1)(b) of that Act (as in force after the commencement of this item); and
(d) the Minister is taken to have received the notice on the day the Minister received it under paragraph 47(1)(b) of that Act (as in force before the commencement of this item).
Cancellation of mining interest
(11) If:
(a) an intending miner had sent a statement to the Minister under subsection 46(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 (as in force before the commencement of this item); and
(b) immediately before the commencement of this item, the Minister had not made a decision as to whether subsection 47(4) of that Act applied;
then:
(c) the Minister is taken to have received a statement from the intending miner as mentioned in subsection 47(3) of that Act (as in force after the commencement of this item); and
(d) the Minister is taken to have received the statement on the day the Minister received it under subsection 46(2) of that Act (as in force before the commencement of this item).
Refusals to consent to grant of exploration licence
(12) The amendments made by items 134, 136, 137, 139, 140, 142 and 144 apply in relation to refusals to consent to the grant of an exploration licence that occur after the commencement of those items.
225 Application--acting Aboriginal Land Commissioner
The amendment made by item 171 applies in relation to appointments made either before or after the commencement of that item.
226 Application and transitional--Aboriginals Benefit Account
Payments from the Account
(1) The amendments made by items 173 and 174 apply in relation to determinations made under subsection 64(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 in a financial year beginning on or after the commencement of those items.
(2) The amendment made by item 179 applies in relation to payments made under subsection 64(4) of the Aboriginal Land Rights (Northern Territory) Act 1976 after the commencement of that item.
Transitional
(3) If, before the commencement of this item, a Land Council submitted estimates, under subsection 34(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, for a financial year beginning on or after that commencement, paragraph 64(1)(b) of that Act does not apply to determinations of the Minister under subsection 64(1) of that Act in that year in relation to the Council.
227 Application--Account Advisory Committee
Subsection 65(6) of the Aboriginal Land Rights (Northern Territory) Act 1976, as inserted by item 186, applies in relation to appointments or elections made after the commencement of that item.
228 Application--traditional land claims
(1) Subparagraph 67A(6)(b)(ii) and subsections 67A(7), (8) and (9) of the Aboriginal Land Rights (Northern Territory) Act 1976, as inserted by item 192, apply in relation to applications made before the commencement of that item.
(2) The amendment made by item 193 applies in relation to grants of estates or interests made after the commencement of that item in relation to applications referred to in paragraph 50(1)(a) of the Aboriginal Land Rights (Northern Territory) Act 1976 made before that commencement.
229 Transitional--existing loan conditions continue in operation
If:
(a) a loan was made under subsection 64(4) of the Aboriginal Land Rights (Northern Territory) Act 1976 before the commencement of this item; and
(b) there are conditions of the loan in force immediately before that commencement;
then those conditions continue to apply after that commencement.
230 Transitional--rules for Land Council meetings
Rules of a Land Council made under subsection 31(7) of the Aboriginal Land Rights (Northern Territory) Act 1976 that were in force immediately before the commencement of this item continue to have effect after that commencement as if they had:
(a) been made under that subsection as in force after that commencement; and
(b) been approved by the Minister under subsection 31(7B) of that Act as in force after that commencement.
231 Transitional--Land Council delegations
(1) A delegation of a Land Council in force under subsection 28(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 immediately before the commencement of this item in relation to:
(a) the Chair or another member of the Council; or
(b) a member of the staff of the Council;
has effect, after that commencement, as if it had been made under that subsection after that commencement.
(2) A delegation of a Land Council in force under subsection 28(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 immediately before the commencement of this item, in relation to a committee appointed under section 29A of that Act, has effect, after that commencement, as if it had been made under subsection 28(2) of that Act after that commencement.
232 Transitional--Ministerial delegations
A delegation in force under subsection 76(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 immediately before the commencement of this item has effect, after that commencement, as if it had been made under that subsection after that commencement.
233 Transitional regulations
The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments made by this Act.
234 Review of mining provisions
(1) The Minister must cause an independent review of the operation of Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976 to be undertaken as soon as practicable after the fifth anniversary of the commencement of this item.
(2) The persons who undertake such a review must give the Minister a written report of the review.
(3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.
Tax Laws Amendment (Repeal of Inoperative Provisions)
Act 2006
(No. 101, 2006)
Schedule 6
1 Application of Schedule 1 and 2 amendments
Except as mentioned in items 2 and 3, the repeals and amendments made by Schedules 1 and 2 apply:
(a) so far as they affect assessments--to assessments for the 2006‑07 income year and all later income years; and
(b) otherwise--to acts done or omitted to be done, or states of affairs existing, after the commencement of the repeals and amendments.
6 Object
The object of this Part is to ensure that, despite the repeals and amendments made by this Act, the full legal and administrative consequences of:
(a) any act done or omitted to be done; or
(b) any state of affairs existing; or
(c) any period ending;
before such a repeal or amendment applies, can continue to arise and be carried out, directly or indirectly through an indefinite number of steps, even if some or all of those steps are taken after the repeal or amendment applies.
7 Making and amending assessments, and doing other things, in relation to past matters
Even though an Act is repealed or amended by this Act, the repeal or amendment is disregarded for the purpose of doing any of the following under any Act or legislative instrument (within the meaning of the Legislative Instruments Act 2003):
(a) making or amending an assessment (including under a provision that is itself repealed or amended);
(b) exercising any right or power, performing any obligation or duty or doing any other thing (including under a provision that is itself repealed or amended);
in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies.
Example 1: On 31 July 1999, Greg Ltd lodged its annual return under former section 160ARE of the Income Tax Assessment Act 1936. The return stated that the company had a credit on its franking account and that no franking deficit tax was payable for the 1998‑99 franking year. Under former section 160ARH of that Act, the Commissioner was taken to have made an assessment consistent with the return.
Following an audit undertaken after the repeal of Part IIIAA of that Act, the Commissioner concludes that Greg Ltd fraudulently overfranked dividends it paid during the 1998‑99 franking year, and had a franking account deficit for that franking year. As a result, the Commissioner considers that franking deficit tax and a penalty by way of additional tax are payable.
The Commissioner can amend the assessment under former section 160ARN of that Act, because item 7 of this Schedule disregards the repeal of that section for the purposes of making an assessment in relation to the 1998‑99 franking year. Item 7 will also disregard the repeal of Division 11 of former Part IIIAA to the extent necessary for the Commissioner to assess Greg Ltd's liability to a penalty by way of additional tax.
Despite the repeal of sections 160ARU and 160ARV, item 9 will ensure that the general interest charge will accrue on the unpaid franking deficit tax and penalty until they are paid.
Item 7 will also preserve Greg Ltd's right, under former section 160ART of that Act, to object against the Commissioner's amended assessment (including the penalty), since the objection is the exercise of a right in relation to a franking year that ended before the repeal of Part IIIAA.
Example 2: During the 1997‑98 income year, Duffy Property Ltd withheld amounts from its employees' wages as required by former Divisions 1AAA and 2 of Part VI of the Income Tax Assessment Act 1936. The company failed to notify the Commissioner of those amounts, and failed to remit them to the Commissioner.
Following an audit undertaken after the repeal of those Divisions, the Commissioner discovers that the withheld amounts have not been remitted. The company's records are incomplete and the Commissioner is unable to completely ascertain the extent of its liability for the withheld amounts. Under section 222AGA of that Act, the Commissioner makes an estimate of the liability.
Item 7 will disregard the repeal of section 220AAZA of that Act (which empowered the Commissioner to recover the amount of the estimate). Even though the estimate is made after the repeal, it relates to amounts withheld before the repeal.
8 Saving of provisions about effect of assessments
If a provision or part of a provision that is repealed or amended by this Act deals with the effect of an assessment, the repeal or amendment is disregarded in relation to assessments made, before or after the repeal or amendment applies, in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies.
9 Saving of provisions about general interest charge, failure to notify penalty or late reconciliation statement penalty
If:
(a) a provision or part of a provision that is repealed or amended by this Act provides for the payment of:
(i) general interest charge, failure to notify penalty or late reconciliation statement penalty (all within the meaning of the Income Tax Assessment Act 1936); or
(ii) interest under the Taxation (Interest on Overpayments and Early Payments) Act 1983; and
(b) in a particular case, the period in respect of which the charge, penalty or interest is payable (whether under the provision or under the Taxation Administration Act 1953) has not begun, or has begun but not ended, when the provision is repealed or amended;
then, despite the repeal or amendment, the provision or part continues to apply in the particular case until the end of the period.
10 Repeals disregarded for the purposes of dependent provisions
If the operation of a provision (the subject provision) of any Act or legislative instrument (within the meaning of the Legislative Instruments Act 2003) made under any Act depends to any extent on an Act, or a provision of an Act, that is repealed by this Act, the repeal is disregarded so far as it affects the operation of the subject provision.
11 Schedule does not limit operation of section 8 of the Acts Interpretation Act 1901
This Schedule does not limit the operation of section 8 of the Acts Interpretation Act 1901.
Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007 (No. 128, 2007)
3 Northern Territory (Self‑Government) Act
Section 49 of the Northern Territory (Self‑Government) Act 1978 does not apply in relation to the provisions of this Act.
(1) Subject to subsection (3), the provisions of this Act, and any acts done under or for the purposes of those provisions, are, for the purposes of the Racial Discrimination Act 1975, special measures.
(2) Subject to subsection (3), the provisions of this Act, and any acts done under or for the purposes of those provisions, are excluded from the operation of Part II of the Racial Discrimination Act 1975.
(3) Subsections (1) and (2) do not apply to amendments or repeals made by Division 2 or 3 of Part 1 of Schedule 2 (law enforcement) to this Act.
(4) In this section, a reference to:
(a) any acts done includes a reference to any failure to do an act; and
(b) provisions of this Act includes a reference to provisions of other Acts that are inserted, amended or repealed by the provisions of this Act.
5 Some Northern Territory laws excluded
(1) Subject to subsections (3) and (4), the provisions of this Act are intended to apply to the exclusion of a law of the Northern Territory that deals with discrimination so far as it would otherwise apply.
(2) Subject to subsections (3) and (4), any acts done under or for the purposes of the provisions of this Act have effect despite any law of the Northern Territory that deals with discrimination.
Northern Territory laws that are not excluded
(3) Subsections (1) and (2) do not apply to a law of the Northern Territory so far as the Minister determines, by legislative instrument, that the law is a law to which subsections (1) and (2) do not apply.
Provisions of this Act that are not excluded
(4) Subsections (1) and (2) do not apply to amendments or repeals made by Division 2 or 3 of Part 1 of Schedule 2 (law enforcement) to this Act.
Interpretation
(5) In this section, a reference to:
(a) any acts done includes a reference to any failure to do an act; and
(b) provisions of this Act includes a reference to provisions of other Acts that are inserted, amended or repealed by the provisions of this Act.
Schedule 4
16 Application--permits
The amendment made by item 14 applies in relation to:
(a) permits issued after the commencement of this item; and
(b) permits issued before the commencement of this item that are in force immediately before that commencement.
17 No fundamental breach of Director's lease
The operation of this Schedule does not result in a fundamental breach of a lease of a kind referred to in subsection 12(2C) of the Aboriginal Land Rights (Northern Territory) Act 1976 that was granted by the Uluru‑Katatjuta Aboriginal Land Trust to the Director.
18 Compensation for acquisition of property
(1) Subsection 50(2) of the Northern Territory (Self‑Government) Act 1978 does not apply in relation to any acquisition of property referred to in that subsection that occurs as a result of:
(a) the operation of this Schedule; or
(b) an action taken under, or in accordance with, section 70B, 70C, 70D, 70E, 70F or 70G of the Aboriginal Land Rights (Northern Territory) Act 1976 (as inserted by this Schedule).
(2) However, if:
(a) the operation of this Schedule; or
(b) an action taken under, or in accordance with, section 70B, 70C, 70D, 70E, 70F or 70G of the Aboriginal Land Rights (Northern Territory) Act 1976 (as inserted by this Schedule);
would result in an acquisition of property to which paragraph 51(xxxi) of the Constitution applies from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(3) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
(4) In subitem (2):
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
Indigenous Affairs Legislation Amendment Act 2008 (No. 67, 2008)
Schedule 1
4 Application--initial term and extension of headleases over townships
The amendment made by item 3 applies in relation to leases granted after the commencement of that item.
7 Application--grant of replacement headleases over townships
(1) The amendment made by item 5 applies in relation to leases granted after the commencement of that item.
(2) Subsection 19A(5A) of the Aboriginal Land Rights (Northern Territory) Act 1976, as inserted by this Schedule, applies in relation to the grant of leases after the commencement of this item (regardless of whether the original lease mentioned in that subsection was granted before or after that commencement).