New South Wales Consolidated Acts

ABORIGINAL LAND RIGHTS ACT 1983 - SECT 4

4 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"Aboriginal Land Council" means the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council.
"Aboriginal owners" of land means the Aboriginal persons whose names are entered on the Register of Aboriginal Owners because of the persons’ cultural association with particular land.

Note: An Aboriginal person’s name and other relevant information is entered in the Register of Aboriginal Owners.

"Aboriginal person" means a person who:

(a) is a member of the Aboriginal race of Australia, and

(b) identifies as an Aboriginal person, and

(c) is accepted by the Aboriginal community as an Aboriginal person.

"adult Aboriginal person" means an Aboriginal person who has attained the age of 18 years.
"authority", in Division 5 of Part 10, means the Ombudsman, the Independent Commission Against Corruption, the Commissioner of Police or the Director of Public Prosecutions.
"Board" means a Board of a Local Aboriginal Land Council.
"Board member" means a member of a Board of a Local Aboriginal Land Council.
"code of conduct" means the code of conduct that applies to an Aboriginal Land Council by the operation of this Act.
"Commonwealth Native Title Act" or "NTA" means the Native Title Act 1993 of the Commonwealth.
"community benefit" means a benefit or service provided for the benefit of Aboriginal persons, and may include, but is not limited to, the following:

(a) funeral funds,

(b) residential accommodation,

(c) education and training,

(d) scholarships and other assistance for education and training,

(e) cultural activities,

(f) child care,

(g) aged care services.

"community benefits scheme" means a scheme for the provision of community benefits.
"community, land and business plan" means a plan prepared and approved under Division 6 of Part 5 or Division 5 of Part 7.
"compliance direction" means a direction issued by the Registrar under Part 12.
"councillor" means a member of the New South Wales Aboriginal Land Council.
"Court" means the Land and Environment Court.
"de facto partner" of a person, means the other party to a de facto relationship (within the meaning of the Property (Relationships) Act 1984 ) with the person.
"Director-General" means the Director-General of the Department of Aboriginal Affairs.
"land" includes any estate or interest in land.
"land claim" means a claim for land made under section 36.
"Local Aboriginal Land Council" means a Local Aboriginal Land Council constituted under this Act.
"Local Aboriginal Land Council area" means a Local Aboriginal Land Council area constituted under this Act.
"native title" or "native title rights and interests" has the same meaning as in the Commonwealth Native Title Act.
"New South Wales Aboriginal Land Council" means the New South Wales Aboriginal Land Council constituted under this Act.
"non-voting member", of a Local Aboriginal Land Council, means a member of that Council who does not have voting rights in relation to that Council.
"NPW Act" means the National Parks and Wildlife Act 1974 .
"officer" of an Aboriginal Land Council means a Board member or the Chairperson or Deputy Chairperson of the New South Wales Aboriginal Land Council.
"Pecuniary Interest and Disciplinary Tribunal" means the Aboriginal Land Councils Pecuniary Interest and Disciplinary Tribunal established under Division 3 of Part 10.
"records" includes any of the following (whether in a written or electronic form):

(a) financial statements (including statements or lists of assets or liabilities),

(b) bank statements or other authorised deposit-taking institution statements,

(c) membership rolls,

(d) voting rolls,

(e) minutes of meetings,

(f) attendance lists of meetings,

(g) leases, contracts and other documents relating to arrangements to which an Aboriginal Land Council is a party.

"Region" means a Region specified in Schedule 5.
"Register of Aboriginal Land Claims" means the Register of Aboriginal Land Claims established under Division 2 of Part 9.
"Register of Aboriginal Owners" means the Register of Aboriginal Owners established under Division 3 of Part 9.
"Registrar" means the Registrar appointed under this Act.
"regulations" means regulations made under this Act.
"relative", in relation to a person, means any of the following:

(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person or of the person’s spouse or de facto partner,

(b) the spouse or de facto partner of the person or of a person referred to in paragraph (a).

"rules" means the rules of an Aboriginal Land Council that apply to the Council by the operation of this Act.
"satisfactory audited financial statements and documents" means audited financial statements and documents furnished to the New South Wales Aboriginal Land Council under Division 2 of Part 8 by a Local Aboriginal Land Council that are determined by the New South Wales Aboriginal Land Council to be satisfactory in accordance with the requirements prescribed by the regulations under section 154.
"voting member", of a Local Aboriginal Land Council, means a member of that Council who has voting rights in relation to that Council.
"voting rights", in relation to a Local Aboriginal Land Council, means the right of a member of the Council to vote in the elections held by, and on any matter to be decided by, the Council.

(2) A reference in this Act to:

(a) a function includes a reference to a power, authority and duty, and

(b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(3) The Chairperson of an Aboriginal Land Council may be referred to as the Chairman or Chairwoman, as the case requires.

(4) Notes included in this Act are explanatory notes and do not form part of this Act.