Document ID: chunk:federal_register_of_legislation:C2004A03484:body:0:p23
Version: federal_register_of_legislation:C2004A03484
Segment Type: other
Provision Reference: 
Character Range: 55425–58009

This section shall not be taken, by implication, to limit the kinds of estates or interests that can be the subject of an agreement or a determination under subsection 70 (4).

Offence in connection with mining interest
"48j. (1) Except as provided by section 42, 43, 44, 46, 48a, 48b or 48d or subsection (2) or as expressly provided by any other law, a person shall not make or agree to make a payment, or offer or agree to offer a gift, to another person in connection with the granting of an exploration licence or a mining interest in Aboriginal land.
"(2) An offence against subsection (1) is an indictable offence and, subject to this section, is punishable on conviction by:
     (a) in the case of a natural person—a fine of $5,000 or imprisonment for a period of 2 years, or both; or

     (b) in the case of a body corporate—a fine of $25,000.
"(3) Notwithstanding that an offence against subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
"(4) Where a court of summary jurisdiction convicts a person of an offence against subsection (1), the maximum penalty that the court may impose is:
     (a) in the case of a natural person—a fine of $2,000 or imprisonment for 12 months, or both; or
     (b) in the case of a body corporate—a fine of $10,000.
"(5) In subsection (1), a reference to a payment does not include a reference to a payment of costs reasonably incurred by a Land Council in connection with negotiations for, or the preparation of, an agreement under this Part.".

Consents of traditional Aboriginal owners
6. Section 77a of the Principal Act is amended by omitting 'subsection 11a (3), 19 (5), 23 (3), 48 (1) or 68 (2)' and substituting 'this Act'.

Transitional
7. (1) Where, before the day of commencement of this section, a Land Council has entered into negotiations with a person who seeks the grant of a mining interest in respect of Aboriginal land concerning the giving, by that Land Council, of consent to the grant of that mining interest but the Land Council has not, before that day, consented to the grant of that mining interest, the applicant may notify the Minister, in writing, within 30 days after that day, that the applicant elects that subsections 40 (1) and (2) and section 43 of the Principal Act as in force immediately before that day continue to apply in relation to those negotiations.
(2) Where an applicant elects, pursuant to subsection (1), that