You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Warning: This page is an archive.
General administrative information and links are not current and should not be used.
Contents (1983 - 42)
Aboriginal Land Rights Act 1983 No 42
Current version for 3 April 2017 to date (accessed 21 November 2017 at 06:08)
Part 5 Division 2
Division 2 Membership of Local Aboriginal Land Councils
53   Membership of Local Aboriginal Land Councils
(cf former section 6 (3))
The members of the Local Aboriginal Land Council for a Local Aboriginal Land Council area are the adult Aboriginal persons who are listed on the Local Aboriginal Land Council membership roll for that area.
54   Local Aboriginal Land Council membership rolls
(cf former section 7 (1) and (2))
(1)  The chief executive officer of a Local Aboriginal Land Council must, in respect of the Local Aboriginal Land Council area, prepare and maintain a Local Aboriginal Land Council membership roll (the membership roll).
(2)  The chief executive officer of a Local Aboriginal Land Council must list on the membership roll for the area of the Council the names and addresses of those persons who are qualified for membership.
(2A)  A person is qualified for membership if:
(a)  the person is an adult Aboriginal person who resides within the area of the Local Aboriginal Land Council concerned and is accepted as being qualified on that basis to be a member by a meeting of the Council, or
(b)  the person is an adult Aboriginal person who has a sufficient association with the area of the Local Aboriginal Land Council concerned (as determined by the voting members of the Council at a meeting of the Council) and is accepted as being qualified on that basis to be a member by a meeting of the Council, or
(c)  the person is an Aboriginal owner in relation to land within the area of the Local Aboriginal Land Council concerned and has made a written application for membership in accordance with subsection (3).
(2B)  The membership roll must indicate whether a member is a person who is included on the roll because of residence or association, or as an Aboriginal owner, and must indicate the basis for that inclusion.
(3)  A person seeking to be accepted as a member of a Local Aboriginal Land Council must make and submit to that Council a written application for that membership that:
(a)  declares that the person is eligible for inclusion on the membership roll, and
(b)  sets out the grounds (other than acceptance as being qualified at a meeting) on which the person is qualified for inclusion on the membership roll, and
(b1)  sets out the basis on which the person asserts his or her Aboriginal descent and, if the application declares that the person has a sufficient association with that Council’s area, the basis of that association, and
(c)  if the person is seeking to be accepted as a voting member of the Council—attaches a notice from the Registrar declaring that the person is not a voting member of any other Local Aboriginal Land Council.
Note.
 If a person is a voting member of one Local Aboriginal Land Council and wishes to join and become a voting member of another Local Aboriginal Land Council, the person must first be accepted as a non-voting member of the second Local Aboriginal Land Council under this section. The person must then make a nomination under section 56 to change the Council in which the person intends to have voting rights.
(4)  A person must not make an application for membership of an Aboriginal Land Council that the persons knows, or ought reasonably to know, is false or misleading in a material particular.
Maximum penalty (subsection (4)): 10 penalty units.
Note.
 An Aboriginal person may request that the Registrar issue a compliance direction under Part 12 if the person believes a Local Aboriginal Land Council has, in contravention of this Act:
(a)  failed or refused to list the person’s name on the membership roll of the Council, or
(b)  removed the person’s name from that roll.
55   Aboriginal persons may be member of more than one Local Aboriginal Land Council
(1)  An Aboriginal person may be a member of more than one Local Aboriginal Land Council.
(2)  However, a person is entitled to voting rights in relation to one Local Aboriginal Land Council only at any one time.
(3)  The Local Aboriginal Land Council in relation to which the person has voting rights is to be the Council nominated by the person or, if the person has not made a nomination, the Council for the area within which the person resides.
(4)  A non-voting member of a Local Aboriginal Land Council is not entitled to vote:
(a)  in elections for Board members, or
(b)  on any matter to be determined by the Council.
(4A)  A voting member of a Local Aboriginal Land Council is not entitled to vote in elections for Board members if:
(a)  the member has not attended at least 2 meetings of the Council in the preceding 12 months as a voting member, or
(b)  the member is suspended from membership of the Council or Board.
(4B)  Subsection (4A) (a) does not apply if an administrator was appointed to perform all of the functions of the Local Aboriginal Land Council for all or part of the relevant 12-month period.
(5)  A vote by a non-voting member of a Local Aboriginal Land Council or a member referred to in subsection (4A) in such an election or on such a matter is void.
56   Nomination of voting area
(1)  A person who is a member of more than one Local Aboriginal Land Council may, by notice in writing given to the Registrar, make a nomination to change the Council in relation to which the person has voting rights (being a Council of which the person is a member).
(2)  A person must not make more than one nomination under subsection (1) in any 12 month period.
(3)  The Registrar may at any time, by notice in writing to a person who the Registrar believes is a member of 2 or more Local Aboriginal Land Councils, require the person to make a nomination under this section within the time specified in the notice.
(4)  If a nomination is not made within the time required under subsection (3), the Local Aboriginal Land Council in relation to which the person has voting rights is to be the Council for the area within which the person resides.
(5)  The Registrar is, as soon as practicable, to give notice of the receipt of a nomination or of a failure to make a nomination under this section to the person concerned and to the Registrar and the chief executive officer of each Local Aboriginal Land Council of which the person is a member.
(6)  The chief executive officer of each such Council must record on the membership roll for the Local Aboriginal Land Council the Council in relation to which the person has voting rights.
57   Suspension of members from attending Council meetings
(cf clause 10 of Schedule 1 to 1996 Regulation)
(1)  A Local Aboriginal Land Council may suspend a member of the Council (other than a Board member) from attending meetings of the Council for a specified time (not exceeding 3 years) if the Council decides that the conduct of the member:
(a)  constitutes a serious breach of the Code of Conduct for members of the Local Aboriginal Land Council, or
(b)  is otherwise detrimental to the best interests of the Council.
(2)  During any period of suspension, the member is not entitled:
(a)  to attend meetings of that Council, or
(b)  to vote:
(i)  in elections for officers of the Council, or
(ii)  on any matter to be determined by the Council, or
(c)  if the member is also a member of another Local Aboriginal Land Council—to make a nomination to change the Council in relation to which the person has voting rights.
(3)  A Local Aboriginal Land Council that has suspended a member under this section may at any time revoke the suspension.
(4)  The chief executive officer of a Local Aboriginal Land Council that has suspended a member under this section must notify the Registrar of the suspension, and the details of the suspension, and of any revocation of that suspension.
(5)  At the end of the period of suspension, the member is entitled to attend Council meetings, vote and make a nomination in relation to voting rights unless the Council, by a further vote, held in accordance with this section, sets another period of suspension.
57A   Inactive members
(1)  The chief executive officer of a Local Aboriginal Land Council may, by notice in writing to a member of the Council (other than a Board member of the Council), declare the member to be an inactive member if, and only if, the member has been absent from 6 consecutive meetings of the Council (or such other number of meetings as may be prescribed by the regulations).
(2)  Before declaring a member of a Local Aboriginal Land Council to be an inactive member, the chief executive officer of the Council must:
(a)  inform the member, in writing, of the following:
(i)  that the member will be declared to be an inactive member if the member does not attend the requisite number of meetings of the Council,
(ii)  that the chief executive officer intends to declare the member to be an inactive member after the next meeting of the Council,
(iii)  the date, time and location of the meeting of the Council after which the chief executive officer intends to make the declaration (being a meeting not less than 20 days after the date the notice is given, or such other period as may be prescribed by the regulations),
(iv)  the process to be followed by the member to prevent the declaration being made or to cease being an inactive member, and
(b)  at the meeting of the Council after which the chief executive officer intends to declare a member inactive, inform the members in attendance at the meeting of the chief executive officer’s intention.
(3)  If the chief executive officer of a Local Aboriginal Land Council declares a member of the Council to be an inactive member under subsection (1), the chief executive officer must make an entry in the Council’s membership roll accordingly.
(4)  A member of a Local Aboriginal Land Council ceases to be an inactive member of the Council if the member:
(a)  attends a meeting of the Council, or
(b)  at any time after being informed of the chief executive officer’s intention to declare a member to be inactive requests, in writing to the Registrar, that the member not be declared to be an inactive member.
(5)  If a member of a Local Aboriginal Land Council makes a request under subsection (4) (b), the Registrar must notify the chief executive officer of the relevant Council of the member’s request and may issue a compliance direction to the chief executive officer in relation to the maintenance of the Council’s membership roll.
(6)  A member of a Local Aboriginal Land Council, during any period that the member is declared to be an inactive member under this section, is not to be counted as a voting member of the Council for the purposes of determining the quorum required for a meeting of the Council.
58   Removal of person’s name from membership roll
(cf clause 8 (2) of Schedule 1 to 1996 Regulation)
The chief executive officer of a Local Aboriginal Land Council must remove the name of a person from the Council’s membership roll if, and only if:
(a)  the person dies, or
(b)  the person resigns in writing, or
(c)  if the person is a member because the person resided in the Council area—the person no longer resides in the Council area and the Council at a meeting decides that the person does not have a sufficient association with the area to continue as a member, or
(d)  the chief executive officer is satisfied, after making reasonable inquiries, that the residential address of the person is unknown.
59   Updating and consolidation of membership rolls
(1)  The chief executive officer of each Local Aboriginal Land Council must:
(a)  within such period as may be prescribed by the regulations, send a copy of the Council’s membership roll, certified as correct by the chief executive officer, to the Registrar, and
(b)  advise the Registrar in writing of any changes to the membership roll that have occurred since a copy was last sent to the Registrar.
(2)  The chief executive officer of a Local Aboriginal Land Council is to ensure, so far as practicable, that the membership roll of the Council is kept up to date.
(3)  The Registrar is to compile and maintain a consolidated roll of all members of Local Aboriginal Land Councils.
(4)    (Repealed)
60   Regulations concerning membership of Local Aboriginal Land Council and membership rolls
(cf former section 7 (3))
The Governor may make regulations for or with respect to:
(a)  the preparation and maintenance of Local Aboriginal Land Council membership rolls, and
(b)  the particulars to be recorded in Local Aboriginal Land Council membership rolls, and
(c)  the removal of particulars from Local Aboriginal Land Council membership rolls, and
(d)  the procedure to be followed by Local Aboriginal Land Councils when deciding whether to suspend a member from attending Council meetings and voting.