Document ID: chunk:federal_register_of_legislation:C2004A03448:body:0:p9
Version: federal_register_of_legislation:C2004A03448
Segment Type: other
Provision Reference: 
Character Range: 20686–23468

with a person who owns or possesses any Aboriginal cultural property in Victoria.
"(2) An agreement may cover the preservation, maintenance, exhibition, sale or use of the property and the rights, needs and wishes of the person and of the Aboriginal and general communities.
"(3) Subsection (1) does not apply to any Aboriginal cultural property in the possession of an Aboriginal if the property has been handed down from generation to generation to that person unless that person expressly

agrees that the property should be the subject of an agreement under this section.
"(4) If an agreement under this section relating to land contains a provision requiring its registration under this section, the local Aboriginal community shall without delay:
     (a) if the land is under the operation of the Transfer of Land Act 1958 of Victoria—lodge with the Registrar of Titles under that Act a notice of the agreement in the prescribed form; or
     (b) in the case of other land—lodge with the Registrar-General under the Property Law Act 1958 of Victoria a notice of the agreement in the prescribed form.
"(5) If the Registrar of Titles receives a notice of an agreement, the Registrar may make such entries in the Register Book as the Registrar thinks appropriate for the purposes of this section.

Compulsory acquisition
"21l. (1) The Minister may, in accordance with the regulations, compulsorily acquire any Aboriginal cultural property if the Minister is satisfied, whether on the advice of a local Aboriginal community or otherwise, that:
     (a) the property is of such religious, historical or cultural significance that it is irreplaceable; and
     (b) no other arrangements can be made to ensure its proper continuing preservation and maintenance.
"(2) Property acquired under this section is, upon acquisition, vested in the local Aboriginal community of the area where the property is found to be held on trust for it or, if there is no such community, in the Minister on trust for Aboriginals in Victoria.

Compensation for acquisition of property
"21m. (1) Where, but for this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms, there is payable to the person by the Commonwealth such reasonable amount of compensation as is agreed upon between the person and the Commonwealth or, failing agreement, as is determined by the Federal Court.
"(2) In subsection (1), 'acquisition of property' and 'just terms' have the same respective meanings as in paragraph 51 (xxxi) of the Constitution.

Compensation may be paid in certain circumstances
"21n. (1) The Minister may, from moneys appropriated by the Parliament for the purpose, pay compensation to a person who is or is likely to be affected by