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ABORIGINAL LANDS ACT 1970 - SECT 24A Access to designated places within Lake Tyers reserve

ABORIGINAL LANDS ACT 1970 - SECT 24A

Access to designated places within Lake Tyers reserve

    (1)     The Minister, by notice published in the Government Gazette, may declare any place within the Lake Tyers reserve that is not a residential premises to be a designated place for the purposes of this section.

    (2)     The Minister must consult with the members of the Lake Tyers Aboriginal Trust and the residents of the Lake Tyers reserve before declaring a place to be a designated place under subsection (1).

    (3)     Despite anything to the contrary in this Act but subject to this section—

        (a)     a public official exercising or performing a function or power conferred on the person by or under any Act, or regulations made under any Act, or at law, may enter and remain in a designated place within the Lake Tyers reserve;

        (b)     a non-government health and community service provider providing health and community services to the residents of the Lake Tyers reserve, may enter and remain in a designated place within the Lake Tyers reserve.

    (4)     A person referred to in subsection (3) must not remain in a designated place any longer than is reasonably necessary—

        (a)     in the case of a public official, to exercise or perform the relevant function or power; or

        (b)     in the case of a non-government health and community service provider, to provide the relevant health and community services to the residents of the Lake Tyers reserve.

    (5)     In this section—

"designated place" means a place declared under subsection (1) to be a designated place;

"non-government health and community service provider" means a person who, under an agreement with the Commonwealth, the State or the municipal council in whose municipal district the Lake Tyers reserve is located, provides health and community services to the residents of the Lake Tyers reserve or a class of persons that includes the residents of the Lake Tyers reserve;

"public official" means a person who exercises or performs a function or power conferred on the person by or under any Act, or regulations made under any Act, or at law.

S. 24B inserted by No. 58/2004 s. 9.