Aboriginal Lands Amendment Act 2013

Aboriginal Lands Amendment Act 2013

No. 33 of 2013

table of provisions

SectionPage

Part 1—Preliminary

1Purpose

2Commencement

3Principal Act

Part 2—Amendment of Aboriginal Lands Act 1970

4Definitions

5Governor in Council to make Crown grants of reserves to
Trusts

6Powers of Trusts

7New section 11A inserted

11AForms of contracts

8Provisions concerning shares in Trusts

9Entries in register of members

10Restriction on transfer of shares

11Committee of management

12New sections 18 to 19A substituted

18Accounts

18AFinancial reports

18BReport of state of affairs of Trust

18CAccounts to be laid before annual general meeting
of Trust

18DInterim financial report

18EReport of economic and social wellbeing of
community of residents

19Appointment of auditor

19AAudit

13Valuation of shares

14General meetings

15Procedure at general meetings

16Administration of the Trusts

17Minister may require Trust to comply with Act

18Appointment of Administrator

19Administrator

20Appointments must be for specified period which may be extended

21Section 23D substituted

23DAppointment of new Administrator in certain cases

22Notice of appointment

23Section 23F substituted

23FEffect of appointment of Administrator

24Administrator to establish advisory committee

25Functions and powers of the Administrator

26Section 23I substituted

23IRestriction on powers of Administrator

27Immunity

28Committee of management elected at end of period of administration

29New sections 23M to 23R inserted

Appointment of board to act as Administrator

23MConstitution of board

23NChairperson

23OMeetings of a board

23PProcedures of a board

23QResignation or removal of member of board from
office

23RAbolition of board

30New heading inserted—Reports to Minister and Records

31New sections 23S and 23T inserted

23STrust must give Minister certain reports

23TOther information to be provided to Minister

32New sections 24AA and 24 substituted

24AAMinister to keep records

Service on Trust

24Service on Trust

33New heading inserted

34New heading inserted—Offences

35Offences

36New heading inserted—Relief

37Court may grant relief to persons aggrieved in certain circumstances

Part 3—Repeal of Amending Act

38Repeal of Amending Act

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Endnotes

SectionPage

Victoria

SectionPage

Aboriginal Lands Amendment Act 2013[†]

No. 33 of 2013

[Assented to 18 June 2013]

Aboriginal Lands Amendment Act 2013
No. 33 of 2013

The Parliament of Victoriaenacts:

Part 3—Repeal of Amending Act

Aboriginal Lands Amendment Act 2013
No. 33 of 2013

Part 1—Preliminary

1Purpose

The purpose of this Act is to amend the Aboriginal Lands Act 1970—

(a)to make further provision for the administration of the Framlingham Aboriginal Trust and the Lake Tyers Aboriginal Trust; and

(b) tobroaden the functions of the Framlingham Aboriginal Trust and the Lake Tyers Aboriginal Trust; and

2Commencement

s. 2

This Act comes into operation on 1July 2013.

3Principal Act

See:
Act No.
8044.
Reprint No. 3
as at
24 January 2013.
LawToday:
www.
legislation.
vic.gov.au

In this Act, the Aboriginal Lands Act 1970 is called the Principal Act.

______

Part 2—Amendment of Aboriginal Lands Act 1970

4Definitions

s. 4

(1)In section 2 of the Principal Act, in the definition of Administrator, after "person" insert "or board of persons".

(2)In section 2 of the Principal Act insert the following definitions—

"boardmeans a board of persons appointed to act as Administrator under section 23B;

Department means the Department responsible for the administration of this Act;

personal informationhas the same meaning as in section 3 of the Information Privacy Act 2000;".

5Governor in Council to make Crown grants of reserves to Trusts

In section 9(6) of the Principal Act, for "he" substitute "the Governor in Council".

6Powers of Trusts

(1) In section 11(1)(g) of the Principal Act, for "employés" substitute "employees".

(2)After section 11(1)(h) of the Principal Act insert—

"(ha) collect and record information, other than personal information, for the purposes of a report to the Minister under section18Ein relation to—

(i) in the case of the Framlingham Trust, the community of residents of the Framlingham reserve; or

(ii)in the case of the Lake Tyers Trust, the community of residents of the Lake Tyers reserve; and".

(3) Section 11(2) of the Principal Act is repealed.

(4) In section 11(3) of the Principal Act, for "A trust" substitute "Subject to subsection (4), a Trust".

(5) For section 11(4) of the Principal Act substitute—

"(4) A Trust may lease land, but must not lease land for a period of more than 21years, except in accordance with a resolution, of which special notice has been given, which is agreed to at any general meeting of the Trust by not less than three-quarters of the persons who, being entitled to do so, attend the meeting and vote upon the resolution.".

7New section11A inserted

s. 7

After section 11 of the Principal Act insert—

"11A Forms of contracts

(1)Contracts on behalf of a Trust may be made as follows—

(a)a contract which if made between private persons would be by law required to be in writing under seal may be made on behalf of the Trust in writing under the common seal of the Trust;

(b)a contract which if made between private persons would be by law required to be in writing signed by the parties to the contract may be made on behalf of the Trust in writing signed by any person acting under its authority, express or implied;

(c)a contract which if made between private persons would by law be valid although made orally only (and not reduced into writing) may be made orally on behalf of the Trust by any person acting under its authority, express or implied.

(2)A contract made in accordance with subsection (1) is effective in law and binds the Trust and its successors and all other parties to the contract.

(3)A contract made in accordance with subsection (1) may be varied or discharged in the manner in which it is authorised to be made.

(4)A document or proceeding requiring authentication by a Trust may be signed by an authorised officer of the Trust and need not be under its common seal.".

8Provisions concerning shares in Trusts

s. 8

(1)In section 12(4) of the Principal Act, for "he" substitute "the member".

(2)In section 12(8) of the Principal Act, for "him" (where twice occurring) substitute "the member".

9Entries in register of members

In section 13(2) of the Principal Act, after "his" (where twice occurring) insert "or her".

10Restriction on transfer of shares

(1)In section 14(2) of the Principal Act, after "his" insert "or her".

(2)In section 14(3)(b) of the Principal Act, for "his" substitute "the member's".

(3)For section 14(4) and (5) of the Principal Act substitute—

"(4) A member of a Trust may make to the Trust an offer in writing to sell any shares owned by the member to—

(a)the Trust; or

(b)a person referred to in subsection(2) who is to be nominated by the Trust.

(4A) The price of the shares offered for sale under subsection (4) shall be the price fixed in accordance with this Act by an auditor appointed under this Act.

(5) An offer under subsection (4) shall remain open for acceptance by the Trust or person nominated by the Trust (as the case requires) for a period of 3months from the date the offer is made, and then lapses.".

11Committee of management

s. 11

(1) In section 15(3) of the Principal Act—

(a)after "his" insert "or her";

(b)after "he" insert "or she".

(2)In section 15(5) of the Principal Act—

(a)after "he" (where twice occurring) insert
"or she";

(b)for "employé" substitute "employee".

(3)In section 15(6) of the Principal Act—

(a)for "he" substitute "the member";

(b)forparagraph (c)substitute—

"(c)resigns from office in writing addressed to the Chairperson of the Trust; or".

(4) In section 15(13) of the Principal Act—

(a)for "Chairman" substitute "Chairperson";

(b) after "he" insert "or she";

(c)after "his" insert "or her".

12New sections 18 to 19Asubstituted

s. 12

For sections 18 and 19 of the Principal Act substitute—

"18 Accounts

A Trust must cause to be kept proper books of account giving a true and complete account of the affairs and transactions of the Trust.

18A Financial reports

(1) ATrust must cause to be prepared—

(a)a balance-sheet as at the end of each financial year; and

(b)a profit and loss account in respect of each financial year.

(2) A balance-sheet must, when read in conjunction with a report by the committee of management under section18B, give a true and fair view of the state of affairs of the Trust as at the end of the financial year.

(3)A profit and loss account must give a true and fair view of the profit or loss of the Trust for the financial year.

(4) A balance-sheet and profit and loss account prepared under subsection (1) must be audited by the auditor of the Trust.

18BReport of state of affairs of Trust

The committee of management of a Trust must prepare for each financial year a report concerning the state of affairs of the Trust during that financial year, including—

(a)a statement of the amount (if any) which the committee has determined is available for distribution in the form of dividends; and

(b)with respect to the assets of the Trust, a statement setting out their estimated current market value and the liabilities charged on or relating particularly to those assets.

18C Accounts to be laid before annual general meeting of Trust

s. 12

(1)A Trust must cause an audited balance-sheet and profit and loss account prepared under section18A to be laid before the first annual general meeting of the Trust held after the end of the financial year to which the balance-sheet and profit and loss account relate.

(2)A Trust must cause to be annexed to the balance-sheet and profit and loss account laid before the annual general meeting of the Trust—

(a) a report by the committee of management prepared under section18B; and

(b) a report by the auditor prepared under section19A(1).

(3)A Trust must send a copy of the balance-sheet, profit and loss account and the reports by the committee of management and auditor annexed to those documents to all persons entitled to receive notice of general meetings of the Trust at least 14days before the annual general meeting at which the documents are to be laid.

18DInterim financial report

(1)A Trust must cause to be prepared a balance-sheet as at the end of the period 1July to 31December in any year and a profit and loss account in respect of that period.

(2) A Trust must cause to be prepared an interim financial report that includes—

(a)a balance-sheet and profit and loss account prepared under subsection (1); and

(b) a report by the committee of management concerning the state of affairs of the Trust and the financial activities of the Trust during the period to which the balance-sheet and profit and loss account relate.

18EReport of economic and social wellbeing of community of residents

s. 12

(1)A Trust must cause to be prepared in respect of each 6month period ending on 30 June or 31December in any year a report on the economic and social wellbeing of the community of residents of—

(a)in the case of the Framlingham Trust, the Framlingham reserve; or

(b)in the case of the Lake Tyers Trust, the Lake Tyers Reserve.

(2)A report under subsection(1) must include any matters and comply with any requirements specified in a written notice issued by the Minister to the Trust.

(3) A report under subsection(1) and any information collected by the Trust for the purposes of preparing the report must not include personal information.

19Appointment of auditor

s. 12

(1)Subject to subsection (2), a Trust must appoint a person to be the auditor of the Trust at an annual general meeting of the Trust.

(2)If an auditor has not been appointed at an annual general meeting within 3months after a vacancy occurs in that office, the committee of management of the Trust must appoint a person to fill the vacancy.

(3) A person appointed as auditor—

(a)must be a registered company auditor; and

(b)must not be an officer or employee of the Trust.

(4) An auditor of a Trust holds office until the auditor—

(a)dies; or

(b)resigns from office in writing addressed to the Chairperson of the Trust; or

(c)ceases to be a registered company auditor; or

(d)is removed from office by a resolution, of which special notice is given, passed at a general meeting of the Trust.

(5) The Trust must pay any reasonable fees and expenses of the auditor.

(6) Nothing in this section affects the appointment of an auditor of a Trust holding office immediately before the commencement of the Aboriginal Lands Amendment Act 2013.

19AAudit

s. 12

(1) An auditor of a Trust must report in writing to the members of the Trust on—

(a)the accounts examined by the auditor; and

(b)any balance-sheet and profit and loss account prepared under section18A.

(2) A report under subsection(1) must state—

(a)whether, in the auditor's opinion, the books of account and register of members required to be kept by the Trust have been properly kept; and

(b)whether, in the auditor's opinion, the balance-sheet, profit and loss account and the report of the committee of management prepared under section18Bgivea true and fair view of the state of affairs of the Trust at the end of the financial year and of its activities during the financial year; and

(c)whether the auditor has obtained all the information and explanations that the auditor has required.

(3) An auditor of a Trust is entitled—

(a)to access to the records of the Trust; and

(b)to require from officers and employees of the Trust any information concerning, and explanation of, any matter that the auditor thinks fit; and

(d)to attend a general meeting; and

(e)to be heard at a general meeting on any part of the business of the meeting which concerns the auditor in the auditor's capacity as auditor.".

13Valuation of shares

s. 13

In section 20(1) of the Principal Act—

(a)for "he" substitute "the auditor";

(b)for"his" (where twice occurring) substitute "the auditor's".

14General meetings

In section 22(4) and (5) of the Principal Act, after "his" insert "or her".

15Procedure at general meetings

(1)In section 23(3) of the Principal Act, for "he" substitute "the member".

(2) In section 23(5)(b) of the Principal Act—

(a)after "his" (where twice occurring) insert
"or her";

(b)for "him" substitute "the member".

16Administration of the Trusts

s. 16

In the heading preceding section 23A of the Principal Act, for "Lake Tyers Aboriginal Trust" substitute "the Trusts".

17Minister may require Trust to comply with Act

(1) In the heading to section 23A of the Principal Act, for "Lake Tyers Aboriginal Trust" substitute "Trust".

(2) In section 23A of the Principal Act—

(a)for "the Lake Tyers Aboriginal Trust" substitute "a Trust";

(b) for "Chairman" substitute "Chairperson".

18Appointment of Administrator

(1) In section 23B(1) of the Principal Act—

(a)in paragraphs (a) and (b) of the definition of relevant grounds, for "the Lake Tyers Aboriginal Trust" substitute "a Trust";

(b) in paragraph (c) of the definition of relevant grounds, for "the Lake Tyers Aboriginal Trust or the residents of the Lake Tyers reserve" substitute "a Trust or the residents of a reserve".

(2)In section 23B(2) of the Principal Act, for ", the Minister may serve on the Chairman of the Lake Tyers Aboriginal Trust," substitute "of a Trust, the Minister may serve on the Chairperson of the Trust,".

(3) In section 23B(4) of the Principal Act,for "TheLake Tyers Aboriginal Trust"substitute "The Trust".

(4) In section 23B(5) of the Principal Act, for "Lake Tyers reserve"substitute "relevant reserve".

19Administrator

s. 19

For section 23B(6) of the Principal Act substitute—

"(6) After the period specified in the notice, and having considered any representations made by the Trust and submissions (if any) of the residents of the reserve, the Minister may appoint a person or board of persons as Administrator.".

20Appointments must be for specified period which may be extended

(1)For the heading to section 23C of the Principal Act substitute—

"Conditions of appointment of Administrator".

(2)In section 23C(1) of the Principal Act, after "appointment" insert "of an Administrator".

(3)After section 23C(2) of the Principal Actinsert—

"(3)An Administrator or, ifa board is the Administrator, a member of the board, is entitled to receive the fees (if any) determined by the Minister.".

21Section 23D substituted

For section 23D of the Principal Act substitute—

"23D Appointment of new Administrator in certain cases

(1)The Minister may cancel the appointment of an Administrator and appoint another Administrator if the Minister considers it necessary to do so.

(2)The Minister may appoint a new Administrator if, in the case of an Administrator who is a person, the Administrator dies or resigns.

(3) The Minister may appoint a new Administrator if, in the case of an Administrator that is a board, the board is abolished under section23R.

(4) An Administrator appointed under this section may only be appointed for the balance of the period of appointment of the Administrator whose appointment the new Administrator is replacing.

(5) In appointing an Administrator under this section, the Minister is not required to comply with section23B.".

22Notice of appointment

s. 22

For section 23E(b) of the Principal Actsubstitute—

"(b)a newspaper (if any) circulating generally in—

(i) in the case of the Framlingham Trust, the area where the Framlingham reserve is located; or

(ii)in the case of the Lake Tyers Trust, the area where the Lake Tyers reserve is located.".

23Section 23F substituted

For section 23F of the Principal Actsubstitute—

"23F Effect of appointment of Administrator

On the appointment of the Administrator of a Trust all members of the committee of management of the Trust, including the Chairperson, cease to hold office.".

24Administrator to establish advisory committee

s. 24

(1)For section 23G(1) of the Principal Actsubstitute—

"(1)The Administrator of a Trust must establish an advisory committee which the Administrator must consult in relation to the Administrator's conduct of the affairs of the Trust.".

(2)In section 23G(3)(a) of the Principal Act, for "theLake Tyers Aboriginal Trust"substitute
"the Trust".

(3)For section 23G(3)(b) of the Principal Actsubstitute—

"(b)2 persons, not being members of the committee of management of the Trust, who are residents of—

(i) in the case of the Framlingham Trust, the Framlingham reserve; or

(ii)in the case of the Lake Tyers Trust, the Lake Tyers reserve.".

25Functions and powers of the Administrator

For section 23H(1) and (2) of the Principal Actsubstitute—

"(1)The Administrator of a Trust is responsible for the conduct of the affairs of the Trust.

(2) Without limiting subsection (1), the Administrator may exercise the powers and functions of the committee of management of the Trust and Secretary of the Trust under this Act, other than the powers referred to in section23I.".

26Section 23I substituted

s. 26

For section 23I of the Principal Act substitute—

"23I Restriction on powers of Administrator

(1) Subject to subsection (2), the Administrator must not—

(a)sell, exchange or dispose of any land constituting a reserve; or

(b)borrow money on the security of a mortgage, charge or other assurance of any land constituting a reserve.

(2) The Administrator may lease land constituting a reserve for a period of 21years or less.".

27Immunity

In section 23Jof the Principal Act, after "Administrator" insert "or, in the case of an Administrator that is a board, a member of the board,".

28Committee of management elected at end of period of administration

(1)In section 23L(2) of the Principal Act—

(a)after "Administrator" insert "of a Trust";

(b)for"the Lake Tyers Aboriginal Trust"substitute "the Trust".

(2)In section 23L(3)of the Principal Act,for"theLake Tyers Aboriginal Trust"substitute
"the Trust".

(3) In section 23L(5) and (6)of the Principal Act,for"theLake Tyers Aboriginal Trust"substitute
"the Trust".