Commonwealth Numbered Acts

Aboriginal Land Rights Legislation Amendment Act 1982 No. 16 of 1982 - SECT 9

9. After section 64 of the Principal Act the following section is inserted:
Transfer of amounts from Trust Account to Consolidated Revenue Fund in certain
circumstances

''64A. (1) The Minister may, in his discretion, from time to time after 30
June 1982, by instrument under his hand, direct the transfer of such amount as
he specifies in the direction from the Trust Account to the Consolidated
Revenue Fund.

''(2) Where the Minister directs, under sub-section (1), the transfer of a
specified amount from the Trust Account to the Consolidated Revenue Fund,
sub-section 221ZB (1) of the Income Tax Assessment Act 1936 does not apply in
relation to the transfer of that amount but there shall also be transferred
from the Trust Account to the Consolidated Revenue Fund such additional amount
as would be necessary to discharge any liability for mining withholding tax in
accordance with Division 11C of Part III of that Act in respect of the
first-mentioned amount and the transfer of that additional amount shall
discharge that liability.

''(3) The Minister shall, in a direction under sub-section (1), specify, in
relation to each amount that he directs to be transferred to the Consolidated
Revenue Fund-

   (a)  that the amount is to be taken, for the purposes of this section, to
        have been paid to the Consolidated Revenue Fund in relation to a
        specified Land Council; or

   (b)  that specified amounts that are, in the aggregate, equal to that
        amount are to be respectively taken, for the purposes of this section,
        to have been paid to the Consolidated Revenue Fund in relation to
        specified Land Councils.

''(4) Where, in consequence of a direction by the Minister, under sub-section
(1), that an amount be transferred from the Trust Account to the Consolidated
Revenue Fund, an additional amount is also transferred from the Trust Account
to the Consolidated Revenue Fund in accordance with sub-section (2), the
Minister shall, by instrument under his hand, direct, in relation to that
additional amount-

   (a)  that the additional amount is to be taken, for the purposes of this
        section, to have been paid to the Consolidated Revenue Fund in
        relation to a specified Land Council; or

   (b)  that specified amounts that are, in the aggregate, equal to the
        additional amount are to be respectively taken for the purposes of
        this section, to have been paid to the Consolidated Revenue Fund in
        relation to specified Land Councils.

''(5) The Minister shall, in specifying under sub-section (3) that an amount
is to be taken, for the purposes of this section, to have been paid to the
Consolidated Revenue Fund in relation to a specified Land Council, ensure that
the aggregate of that amount and the amount or amounts (if any) specified in a
previous direction or previous directions under sub-section (1) in relation to
that Land Council does not exceed the total of the amounts paid by the
Commonwealth, after 30 June 1978, out of the Consolidated Revenue Fund to that
Land Council for the purpose of meeting the administrative costs of that Land
Council.

''(6) An amount that is to be taken for the purposes of this section to have
been paid to the Consolidated Revenue Fund in relation to a particular Land
Council shall, notwithstanding that it is so paid to the Consolidated Revenue
Fund, be taken into account for the purposes of sub-section 64 (1) as if it
had been paid in accordance with the requirements of that sub-section out of
the Trust Account to that Land Council.

''(7) The reference in sub-section (5) to amounts paid by the Commonwealth out
of the Consolidated Revenue Fund to a Land Council for the purpose of meeting
the administrative costs of that Land Council shall be read as not including a
reference to-

   (a)  any amount that is paid to that Land Council under an agreement under
        sub-section 44 (1) or (2);

   (b)  any amount that is paid to that Land Council out of the appropriation
        made by item 07 of sub-division 3 of Division 640 of the Appropriation
        Act (No. 1) 1978-79;

   (c)  any amount that is paid to that Land Council out of the appropriation
        made by sub-division 1 of Division 815 of the Appropriation Act (No.
        4) 1980-81;

   (d)  any amount that is paid to that Land Council out of the appropriation
        made by item 09 of sub-division 3 of Division 120 of the Appropriation
        Act (No. 1) 1981-82; or

   (e)  any other amount that is paid to that Land Council for that purpose by
        the Commonwealth out of the Consolidated Revenue Fund and that the
        Minister determines, by instrument under his hand, should not be taken
        into account for the purposes of this section.''.