Commonwealth Numbered Acts

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT 9

9. After section 78 of the Principal Act the following section is inserted:
Certain transfers and dealings void

''78A. (1) A purported transfer of, or other dealing with, an estate or
interest in land held by an Aboriginal corporation is void and of no effect
unless the transfer or other dealing is a prescribed transfer or dealing.

''(2) In sub-section (1), 'prescribed transfer or dealing' means-

   (a)  a transfer of, or other dealing with, a disposable estate or interest;

   (b)  in the case of an estate or interest in land held by an Aboriginal
        Council, other than a disposable estate or interest-

        (i)    the giving of a mortgage or charge upon or over, or any other
               disposal of, the estate or interest, where the Minister has
               consented as mentioned in sub-paragraph 19 (3) (d) (ii) to the
               giving of the mortgage or charge or to the other disposal; or

        (ii)   the giving of a mortgage, charge or other security upon or over
               the estate or interest, where the Minister has consented as
               mentioned in paragraph 29 (b) to the giving of the mortgage,
               charge or other security; and

   (c)  in the case of an estate or interest in land held by an Incorporated
        Aboriginal Association, other than a disposable estate or interest-

        (i)    the giving of a mortgage or charge upon or over, or any other
               disposal of, the estate or interest, where the Minister has
               consented as mentioned in sub-paragraph 46 (1) (d) (ii) to the
               giving of the mortgage or charge or to the other disposal; or

        (ii)   the giving of a mortgage, charge or other security upon or over
               the estate or interest, where the Minister has consented as
               mentioned in paragraph 51 (b) to the giving of the mortgage,
               charge or other security.''.