ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 34 Expenditure to be in accordance with approved estimates

ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 34

  (1)   A Land Council shall prepare estimates, in such form as the Minister directs, of its expenditure to meet its administrative costs or capital costs for each financial year and, if the Minister so directs, for any other period and the Land Council shall submit those estimates to the Minister for his or her approval not later than such date as the Minister directs.

Note:   The Minister must have regard to approved estimates in determining what amounts are to be debited from the Account under subsection   64(1).

  (1AA)   A period directed under subsection   (1) for a Land Council may be wholly or partly concurrent with a financial year or other period directed under that subsection for which the Land Council is required to prepare estimates.

  (1A)   A Land Council must, at the time it submits estimates to the Minister under subsection   (1), notify the Minister, in such form as the Minister directs, of:

  (a)   the total amount of fees it expects to receive under section   33A or 33B during the period to which those estimates relate; and

  (b)   the total amount of other income it expects to receive during the period to which those estimates relate in relation to performing functions or exercising powers under this Act.

Note:   The Minister must have regard to these amounts in determining what amounts are to be debited from the Account under subsection   64(1).

  (1B)   Paragraph   (1A)(b) does not apply to:

  (a)   a payment made to a Land Council as mentioned in subsection   35(2), (3), (4) or (4B); or

  (b)   interest received by a Land Council as mentioned in subsection   35(11) in relation to such a payment.

  (2)   Subject to subsection   (3), moneys of the Land Council shall not be expended to meet its administrative costs or capital costs otherwise than in accordance with estimates of expenditure approved by the Minister.

  (3)   The amount of the expenditure by a Land Council in relation to the matter or matters covered by an item in the estimates approved by the Minister may exceed the amount specified in the item by an amount not exceeding 20% of the amount so specified.

  (3AA)   Nothing in subsection   (3) empowers a Land Council to spend amounts, in relation to matters covered by the estimates approved by the Minister, that exceed the total amount of expenditure provided for by those estimates.

  (3A)   A Land Council is also required to prepare budget estimates under section   36 of the Public Governance, Performance and Accountability Act 2013 .

  (4)   In this section:

"administrative costs" of a Land Council includes:

  (a)   the cost of providing services for which the Council may charge a fee under section   33A; and

  (aa)   expenses for which the Council may charge a fee under section   33B; and

  (b)   the cost of paying remuneration and allowances that are payable under this Act to:

  (i)   a member of the Council; or

  (ii)   a member of a Land Trust holding land, or established to hold land, in the area of the Council.