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ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 35A

Making of determinations under subsection 35(2), (3) or (6)

  (1)   A Land Council must have regard to the following matters before making a determination under subsection   35(2) or (3) in relation to a body corporate:

  (a)   any report:

  (i)   of an evaluation or audit conducted under paragraph   193X(1)(cb) of the Aboriginal and Torres Strait Islander Act 2005 in relation to the body; and

  (ii)   that was given to the Minister administering Part   4B of that Act in the period of 5 years before the time when the Council began to consider making the determination;

  (b)   if the body was required to comply with section   35C for one or more of the previous 5 financial years--whether the body has so complied.

  (2)   A determination under subsection   35(2), (3) or (6) must be in writing and must specify the period, not exceeding 5 years, for which it is in force.

  (3)   A Land Council may vary or revoke a determination under subsection   35(2) or (3). The variation or revocation must be in writing.

  (4)   A Land Council may, with the Minister's approval, vary or revoke a determination under subsection   35(6). The variation or revocation must be in writing.

  (5)   A determination under subsection   35(2), (3) or (6) is not a legislative instrument.


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