Document ID: chunk:federal_register_of_legislation:C2024C00794:section:35:p3
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 35 (pt 3/4)
Character Range: 202425–204979

may be, to the body corporate until the body corporate does so comply.
 (6B) If a Land Council gives a notice under subsection (6A), the Council must:
 (a) hold an amount that would have been paid to the body corporate, apart from the giving of that notice, in trust for the body corporate; and
 (b) hold the amount in trust until it is paid to the body corporate.
 (6C) During the period of a suspension under subsection (6A), the Land Council may, under subsection 35A(3) or (4):
 (a) vary a determination under subsection (2), (3) or (6) of this section, as the case may be, so that the determination no longer applies in respect of the body corporate and instead applies in respect of another body corporate; or
 (b) revoke a determination under subsection (2), (3) or (6) of this section, as the case may be, in respect of the body corporate and make a new determination under subsection (2) or (3) of this section, as the case may be, in respect of another body corporate.
 (6D) If subsection (6C) applies, the Land Council must pay to the other body corporate any amount held in trust in accordance with subsection (6B). This subsection applies despite subsection (6B).
Note: Interest may also be payable to the other body corporate under subsection (11).
 (6E) A notice under subsection (6A) is not a legislative instrument.
 (8) Each amount of money that is paid to a Land Council as mentioned in subsection (2), (3), (4) or (4B) shall be held in trust for the bodies to which or persons to whom that amount is eventually to be paid in accordance with this section until that amount is so paid.
 (9) Where an Aboriginal and Torres Strait Islander corporation or the traditional Aboriginal owners of an area of Aboriginal land to which or to whom an amount of money would, but for this subsection, be required to be paid by a Land Council in accordance with subsection (2), (3), (4), (4B) or (6) requests or request the Land Council, in writing, before that amount is so paid, to hold, or to continue to hold, that amount in trust for it or for them, the Land Council shall, notwithstanding that subsection, hold, or continue to hold, that amount in trust accordingly until that request is revoked.
 (10) While an amount of money referred to in subsection (6B), (8) or (9) is held in trust in accordance with that subsection, the Land Council shall cause that amount to be invested in investments of the kind authorised by section 58 of the Public Governance, Performance and Accountability Act 2013.
 (11) Where a Land Council pays out an amount