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ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 64A

Debit of additional amounts from Account

             (1)  The Minister may, in his or her discretion, from time to time, by written instrument, direct the debit from the Account of such amounts as he or she specifies in the direction.

             (2)  If the Minister directs, under subsection (1), the debit of a specified amount from the Account, section 12-320 in Schedule 1 to the Taxation Administration Act 1953 does not apply in relation to the debit of that amount. But there must also be debited from the Account such additional amount as would be necessary to discharge any liability for mining withholding tax in accordance with Division 11C of Part III of the Income Tax Assessment Act 1936 in respect of the first-mentioned amount. The debit of that additional amount discharges that liability.

             (3)  The Minister must, in a direction under subsection (1), specify, in relation to each amount that he or she directs be debited from the Account:

                     (a)  that the amount is to be taken, for the purposes of this section, to have been debited from the Account in relation to a specified Land Council; or

                     (b)  that specified amounts that are, in the aggregate, equal to that amount are to be respectively taken, for the purposes of this section, to have been debited from the Account in relation to specified Land Councils.

             (4)  If, in consequence of a direction by the Minister under subsection (1) that an amount be debited from the Account, an additional amount is also debited from the Account in accordance with subsection (2), the Minister must, by written instrument, direct, in relation to that additional amount:

                     (a)  that the additional amount is to be taken, for the purposes of this section, to have been debited from the Account in relation to a specified Land Council; or

                     (b)  that specified amounts that are, in the aggregate, equal to the additional amount are to be respectively taken for the purposes of this section, to have been debited from the Account in relation to specified Land Councils.

             (5)  The Minister must, in specifying under subsection (3) that an amount is to be taken, for the purposes of this section, to have been debited from the Account in relation to a specified Land Council, ensure that the aggregate of that amount and the amount or amounts (if any) specified in a previous direction or previous directions under subsection (1) in relation to that Land Council does not exceed the total of the amounts paid by the Commonwealth, after 30 June 1978, to that Land Council for the purpose of meeting the administrative costs or capital costs of that Land Council.

             (6)  An amount that is to be taken for the purposes of this section to have been debited from the Account in respect of a particular Land Council must nonetheless be taken into account for the purposes of subsection 64(1) as if it had been debited from the Account and paid by the Commonwealth in accordance with that subsection to the Land Council.

             (7)  The reference in subsection (5) to amounts paid by the Commonwealth to a Land Council for the purpose of meeting the administrative costs or capital costs of that Land Council does not include a reference to:

                     (a)  any amount that is paid to that Land Council under an agreement under subsection 44(1) or (2); or

                     (b)  any amount that is paid to that Land Council out of the appropriation made by item 07 of subdivision 3 of Division 640 of the Appropriation Act (No. 1) 1978-79 ; or

                     (c)  any amount that is paid to that Land Council out of the appropriation made by subdivision 1 of Division 815 of the Appropriation Act (No. 4) 1980-81 ; or

                     (d)  any amount that is paid to that Land Council out of the appropriation made by item 09 of subdivision 3 of Division 120 of the Appropriation Act (No. 1) 1981-82 ; or

                     (e)  any other amount that is paid to that Land Council for that purpose by the Commonwealth and that the Minister determines, by written instrument, should not be taken into account for the purposes of this section.



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