New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clause 120)
The rules of an Aboriginal Land Council as in force immediately before the commencement of this Regulation cease to have effect on that commencement.
Land that was declared under section 43 of the Act, as in force immediately before the commencement of Schedule 1 [15] to the Aboriginal Land Rights Amendment Act 2001 , to be exempt from the payment of rates, or specified rates, continues to be exempt from the payment of rates, or those specified rates.
The financial year of an Aboriginal Land Council that commences on 1 October 2002 is taken to end on 30 June 2003.
(1) Clauses 26 (1) and 38 (1), apply only on and from 1 July 2003.
(2) A Local Aboriginal Land Council must hold an annual meeting at some time between 25 October 2002 and 31 December 2002 (inclusive).
(3) A Local Aboriginal Land Council is taken to have complied with subclause (2) if it held an annual meeting at some time between 1 October 2002 and 24 October 2002 (inclusive).
(4) A Regional Aboriginal Land Council must hold an annual meeting at some time between 1 January 2003 and 18 February 2003 (inclusive).
The amendments made to clauses 98 and 99 by the Aboriginal Land Rights Amendment (Elections) Regulation 2004 extend in relation to the appointment of an administrator that took place less than 12 months before the commencement of that Regulation.
(1) In this clause:
"assets" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.
"instrument" means an instrument (other than the Act or this Regulation) that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order or process of a court.
"liabilities" means any liabilities, debts or obligations (whether present or future and whether vested or contingent).
"optimised deprival value" means a value determined by the application of the Guidelines on Accounting Policy for Valuation of Government Trading Enterprises prepared by the Steering Committee on National Performance Monitoring of Government Trading Enterprises, agreed on by the Commonwealth and States and published in October 1994.
(2) The assets, rights and liabilities of a Regional Aboriginal Land Council immediately before the commencement of this clause are transferred to the New South Wales Aboriginal Land Council on that commencement.
(3) On the transfer, the following provisions have effect:(a) the assets of the transferor vest in the transferee by virtue of this clause and without the need for any conveyance, transfer, assignment or assurance,(b) those rights and liabilities of the transferor become by virtue of this clause the rights and liabilities of the transferee,(c) all proceedings relating to those assets, rights or liabilities commenced before the transfer by or against the transferor or a predecessor of the transferor and pending immediately before the transfer are taken to be proceedings pending by or against the transferee,(d) any act, matter or thing done or omitted to be done in relation to those assets, rights or liabilities before the transfer by, to or in respect of the transferor is (to the extent that that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the transferee,(e) a reference in any Act, in any instrument made under any Act or in any document of any kind to the transferor or a predecessor of the transferor is (to the extent that it relates to those assets, rights or liabilities), to be read as, or as including, a reference to the transferee.
(4) The operation of this clause is not to be regarded:(a) as a breach of contract or confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or(d) as an event of default under any contract or other instrument.
(5) No attornment to the transferee by a lessee from the transferor is required.
(6) The Minister may specify the value or values at which the assets, rights or liabilities are transferred.
(7) The value or values cannot exceed the optimised deprival value of those assets, rights or liabilities.
(8) The Minister may, by notice in writing, confirm a transfer of particular assets, rights and liabilities by operation of this clause.
(9) A notice given under subclause (8) is conclusive evidence of that transfer.
(1) The functions of the chief executive officer of a Local Aboriginal Land Council are, until the first chief executive officer of the Council is appointed under section 78A of the Act, to be exercised by the most senior member of staff of the Council immediately before the commencement of that section.
(2) A Board must appoint a chief executive officer under section 78A of the Act not later than 6 months after the commencement of that section.
On and from the day on which the Aboriginal Land Rights Amendment (Regions) Order 2010 commences, a reference in any document to the Central Coast Region as being a Region under the Act is to be read as a reference to the Mid North Coast Region.