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ABORIGINAL LAND RIGHTS ACT 1983 - SECT 4
Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise
indicates or requires--
"Aboriginal Land Council" means the New South Wales Aboriginal Land Council or
a Local Aboriginal Land Council.
"Aboriginal owners" of land means the Aboriginal persons whose names are
entered on the Register of Aboriginal Owners because of the persons' cultural
association with particular land. Note : An Aboriginal person's name and other
relevant information is entered in the Register of Aboriginal Owners.
"Aboriginal person" means a person who-- (a) is a member of the Aboriginal
race of Australia, and
(b) identifies as an Aboriginal person, and
(c) is
accepted by the Aboriginal community as an Aboriginal person.
"adult Aboriginal person" means an Aboriginal person who has attained the age
of 18 years.
"Board" means a Board of a Local Aboriginal Land Council.
"Board member" means a member of a Board of a Local Aboriginal Land Council.
"code of conduct" means the code of conduct that applies to an
Aboriginal Land Council by the operation of this Act.
"Commonwealth Native Title Act" or
"NTA" means the Native Title Act 1993 of the Commonwealth.
"community benefit" means a benefit or service provided for the benefit of
Aboriginal persons, and may include, but is not limited to, the following--
(a) funeral funds,
(b) residential accommodation,
(c) education and
training,
(d) scholarships and other assistance for education and training,
(e) cultural activities,
(f) child care,
(g) aged care services.
"community benefits scheme" means a scheme for the provision of
community benefits funded wholly or in part by an Aboriginal Land Council.
"community development levy" means the levy payable under Division 4A of Part
2.
"community, land and business plan" means a plan prepared and approved under
Division 6 of Part 5 or Division 5 of Part 7.
"compliance direction" means a direction issued by the Registrar under Part
12.
"councillor" means a member of the New South Wales Aboriginal Land Council.
"Court" means the Land and Environment Court.
"investigator" means a person appointed under section 216 to investigate the
affairs, or specified affairs, of an Aboriginal Land Council.
"land" includes any estate or interest in land, whether legal or equitable.
"land claim" means a claim for land made under section 36.
"Local Aboriginal Land Council" means a Local Aboriginal Land Council
constituted under this Act.
"Local Aboriginal Land Council area" means a
Local Aboriginal Land Council area constituted under this Act.
"native title" or
"native title rights and interests" has the same meaning as in the
Commonwealth Native Title Act.
"New South Wales Aboriginal Land Council" means the
New South Wales Aboriginal Land Council constituted under this Act.
"non-voting member" , of a Local Aboriginal Land Council, means a member of
that Council who does not have voting rights in relation to that Council.
"NPW Act" means the National Parks and Wildlife Act 1974 .
"officer" of an Aboriginal Land Council means-- (a) in relation to a
Local Aboriginal Land Council, a Board member of the Council, or
(b) in
relation to the New South Wales Aboriginal Land Council, a councillor.
"records" includes any of the following (whether in a written or electronic
form)-- (a) financial statements (including statements or lists of assets or
liabilities),
(b) bank statements or other authorised deposit-taking
institution statements,
(c) membership rolls,
(d) voting rolls,
(e) minutes
of meetings,
(f) attendance lists of meetings,
(g) leases, contracts and
other documents relating to arrangements to which an Aboriginal Land Council
is a party.
"Region" means a Region specified in Schedule 5.
"Register of Aboriginal Land Claims" means the
Register of Aboriginal Land Claims established under Division 2 of Part 9.
"Register of Aboriginal Owners" means the Register of Aboriginal Owners
established under Division 3 of Part 9.
"Registrar" means the Registrar appointed under this Act.
"regulations" means regulations made under this Act.
"relative" , in relation to a person, means any of the following-- (a) the
parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal
descendant or adopted child of the person or of the person's spouse or
de facto partner,
(b) the spouse or de facto partner of the person or of a
person referred to in paragraph (a).
"residential tenancy agreement" has the same meaning as in the
Residential Tenancies Act 2010 .
"rules" means the rules of an Aboriginal Land Council that apply to the
Council by the operation of this Act.
"satisfactory financial statements and documents" means financial statements
and documents furnished to the New South Wales Aboriginal Land Council under
Division 2 of Part 8 by a Local Aboriginal Land Council that are determined by
the New South Wales Aboriginal Land Council to be satisfactory in accordance
with the requirements of that Division.
"short-term residential tenancy agreement" means a
residential tenancy agreement-- (a) that is a fixed term agreement (within the
meaning of the Residential Tenancies Act 2010 ) for a term of less than 3
years (including any option to renew the agreement) or is a periodic agreement
(within the meaning of that Act), and
(b) where the only parties to the
agreement are a Local Aboriginal Land Council and one or more natural persons.
"voting member" , of a Local Aboriginal Land Council, means a member of that
Council who has voting rights in relation to that Council.
"voting rights" , in relation to a Local Aboriginal Land Council, means the
right of a member of the Council to vote in the elections held by, and on any
matter to be decided by, the Council. Note : The Interpretation Act 1987
contains definitions and other provisions that affect the interpretation and
application of this Act.
(2) A reference in this Act to-- (a) a function
includes a reference to a power, authority and duty, and
(b) the exercise of
a function includes, where the function is a duty, a reference to the
performance of the duty.
(3) The Chairperson of an Aboriginal Land Council
may be referred to as the Chairman or Chairwoman, as the case requires.
(4)
Notes included in this Act are explanatory notes and do not form part of this
Act.
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