ABORIGINAL LAND RIGHTS ACT 1983 - SCHEDULE 3
ABORIGINAL LAND RIGHTS ACT 1983 - SCHEDULE 3
SCHEDULE 3 – Procedure of Boards and Councils
(Sections 52H, 61(3) and 120(7))
Part 1 - Procedure of Local Aboriginal Land Councils
1 Frequency of meetings
(1) Subject to subclause (2), a Local Aboriginal Land Council is to hold meetings at such time as the Board of the Council determines.
(2) A Council must--(a) hold not less than 3 ordinary meetings a year, at intervals of not more than 4 calendar months, and(b) hold annual meetings at the times, or within the periods, prescribed by the regulations.
2 General procedure
(1) The procedure for the calling of meetings of a Local Aboriginal Land Council and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Council.
(2) If there is no Board of a Local Aboriginal Land Council and there is no administrator appointed for that Council, the Registrar may call a meeting of the Council for the purpose of electing a Board.
3 Quorum
The quorum for a meeting of a Local Aboriginal Land Council is 10 per cent of the total number of voting members of the Council.
4 Presiding member
(1) The Chairperson of the Board (or, in the absence of the Chairperson, the Deputy Chairperson of the Board, or in the absence of both the Chairperson and the Deputy Chairperson, a person elected by the members of the Local Aboriginal Land Council who are present at a meeting of the Council) is to preside at a meeting of the Council.
(2) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
(3) If an administrator is appointed to the Council, the administrator is to preside at meetings of the Council.
5 Voting
(1) Except as otherwise provided by this Act, a decision supported by a majority of the votes cast at a meeting of a Local Aboriginal Land Council at which a quorum is present is the decision of the Council.
(2) The attendance of each person who is a voting member at a meeting of the Council is to be recorded on the membership roll.
6 Minutes
(1) The Local Aboriginal Land Council must cause minutes to be kept of the proceedings of each meeting of the Council.
(2) The minutes are to include a record of the following--(a) motions put to the meeting,(b) amendments to such motions,(c) the names of the movers and seconders of those motions and amendments,(d) the resolutions passed by the meeting.
Part 2 - Procedure of Boards of Local Aboriginal Land Councils
1 Frequency of meetings
(1) A Board must meet at intervals not longer than every 2 calendar months.
(2) The Chairperson may, at the request of a majority of the members of the Board, call a meeting of the Board at any time.
2 General procedure
The procedure for the calling of meetings of the Board and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Board.
3 Quorum
The quorum for a meeting of the Board is a majority of its members for the time being.
4 Presiding member
(1) The Chairperson (or, in the absence of the Chairperson, the Deputy Chairperson, or in the absence of both the Chairperson and the Deputy Chairperson, a person elected by the members of the Board who are present at a meeting of the Board) is to preside at a meeting of the Board.
(2) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
5 Voting
A decision supported by a majority of the votes cast at a meeting of the Board at which a quorum is present is the decision of the Board.
6 Transaction of business outside meetings or by electronic means
(1) The Board may transact its business by circulating papers, electronically or otherwise, among all members of the Board.
(2) A written resolution for which written approval is given by a majority of the members--(a) is taken to be a decision of the Board made at a meeting of the Board, and(b) must, subject to the regulations, be recorded in the minutes of the meetings of the Board.
(3) The Board may transact its business at a meeting at which some or all members participate by telephone or other electronic means if a member who speaks on a matter before the meeting can be heard by the other members.
(4) The presiding member and each other member have the same voting rights as they have at an ordinary meeting of the Board for the purposes of--(a) the approval of a resolution under subclause (2), and(b) a meeting held in accordance with subclause (3).
7 Authentication of documents
Any document requiring authentication by the Board is sufficiently authenticated if it is signed by--
(a) the Board member who presided at the meeting that dealt with the proceedings with respect to which the document was prepared, or
(b) in the absence of that Board member, any other member who was present at that meeting.
8 First meeting
The chief executive officer of the Council or, if there is no chief executive officer, the Registrar may call the first meeting of the Board in such manner as he or she thinks fit.
9 Minutes
(1) The Board must cause minutes to be kept of the proceedings of each meeting of the Board.
(2) The minutes are to include a record of the following--(a) motions put to the meeting,(b) amendments to such motions,(c) the names of the movers and seconders of those motions and amendments,(d) the resolutions passed by the meeting.
Part 3 - Procedure of New South Wales Aboriginal Land Council
1 Frequency of meetings
(1) The New South Wales Aboriginal Land Council is to hold its first meeting after each election of all councillors in accordance with the regulations at a time (being a time as soon as practicable after the election) and place arranged by the Registrar.
(2) The New South Wales Aboriginal Land Council must hold ordinary meetings at least once every 3 calendar months.
(3) The Chairperson must call an extraordinary meeting of the Council if requested to do so by a majority of the councillors for the time being.
(4) The Chairperson may call an extraordinary meeting of the Council at any time.
2 General procedure
The procedure for the calling of meetings of the New South Wales Aboriginal Land Council and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Council.
3 Quorum
The quorum for a meeting of the New South Wales Aboriginal Land Council is a majority of the councillors constituting the Council for the time being.
4 Presiding member
(1) The Chairperson of the New South Wales Aboriginal Land Council (or, in the absence of the Chairperson or Deputy Chairperson, a person elected by the members of the Council who are present at a meeting of the Council) is to preside at a meeting of the Council.
(2) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
(3) If an administrator is appointed to the Council, the administrator is to preside at meetings of the Council.
5 Voting
A decision supported by a majority of the votes cast at a meeting of the New South Wales Aboriginal Land Council at which a quorum is present is the decision of the Council.
5A Transaction of business outside meetings or by electronic means
(1) The New South Wales Aboriginal Land Council may transact its business by circulating papers, electronically or otherwise, among all members of the Council.
(2) A written resolution for which written approval is given by a majority of the members--(a) is taken to be a decision of the Council made at a meeting of the Council, and(b) must, subject to the regulations, be recorded in the minutes of the meetings of the Council.
(3) The Council may transact its business at a meeting at which some or all members participate by telephone or other electronic means if a member who speaks on a matter before the meeting can be heard by the other members.
(4) The presiding member and each other member have the same voting rights as they have at an ordinary meeting of the Council for the purposes of--(a) the approval of a resolution under subclause (2), and(b) a meeting held in accordance with subclause (3).
6 Minutes
(1) The New South Wales Aboriginal Land Council must cause minutes to be kept of the proceedings of each meeting of the Council.
(2) The minutes are to include a record of the following--(a) motions put to the meeting,(b) amendments to such motions,(c) the names of the movers and seconders of those motions and amendments,(d) the resolutions passed by the meeting.