Commonwealth Numbered Acts

ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - SECT 9

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

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

   (b)  it would be appropriate to grant the first-mentioned land to the
        Council, the Minister may, by instrument in writing specifying the
        first-mentioned land, declare that the first-mentioned land is
        Aboriginal Land.

(2) The Minister shall, as soon as practicable after making an instrument
under sub-section (1)-

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

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

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

(4) Where-

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

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

        (i)    the notice has not been withdrawn and the relevant motion has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

        (ii)   the relevant motion has been called on, moved and seconded and
               has not been withdrawn or otherwise disposed of, the instrument
               shall be deemed to have been disallowed.

(5) If-

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

   (b)  the instrument has not been deemed to have been disallowed under
        sub-section (4), the instrument takes effect, and the land specified
        in the instrument becomes Aboriginal Land, on the day immediately
        following the last day upon which a resolution disallowing the
        instrument could have been passed.

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

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

   (b)  a resolution for the disallowance of the instrument has not been
        passed by the first-mentioned House, the copy of the instrument shall,
        for the purposes of this section, be deemed to have been laid before
        that first-mentioned House on the first sitting day of that
        first-mentioned House after the dissolution, expiry or prorogation, as
        the case may be.

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

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