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ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 29 Membership of Land Council

ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 29

Membership of Land Council

  (1)   The members of a Land Council shall be Aboriginals living in the area of the Land Council, or whose names are set out in the register maintained by the Land Council in accordance with section   24, chosen by Aboriginals living in the area of the Land Council in accordance with such method or methods of choice, and holding office on such terms and conditions, as is, or are, approved by the Minister from time to time.

  (2)   A Land Council may, with the approval of the Minister, co - opt Aboriginals living in the area of the Land Council as additional members, but not more than 5 such members may hold office at any one time.

Eligibility requirements

  (3)   A person is not eligible to be a member of a Land Council for the period set out in subsection   (6) if a disqualifying event happens in relation to the person.

  (4)   A person ceases to be a member of a Land Council if a disqualifying event happens in relation to the person.

  (5)   For the purposes of subsections   (3) and (4), a disqualifying event happens in relation to a person if the person:

  (a)   is convicted of an offence against a law of the Commonwealth, a State or a Territory (not involving dishonesty) and sentenced to a period of imprisonment of 12   months or more; or

  (b)   is convicted of an offence against a law of the Commonwealth, a State or a Territory involving dishonesty and sentenced to a period of imprisonment of 3 months or more; or

  (c)   is convicted of 2 or more offences against a law of the Commonwealth, a State or a Territory, is sentenced to a period or periods of imprisonment in respect of the offences and is required (or would have been required if the sentence or sentences had not been suspended) to serve a term of imprisonment of 12 months or more; or

  (d)   is convicted of 2 or more offences against a law of the Commonwealth, a State or a Territory involving dishonesty, is sentenced to a period or periods of imprisonment in respect of the offences and is required (or would have been required if the sentence or sentences had not been suspended) to serve a term of imprisonment of 3 months or more.

This subsection applies whether or not the person is also fined in respect of the offence or offences.

  (6)   For the purposes of subsection   (3), the period of ineligibility is for:

  (a)   if the person serves a term of imprisonment--2 years beginning on the day the person is released from prison; or

  (b)   if the person does not serve a term of imprisonment--2 years beginning on the day the person is convicted.