Document ID: chunk:federal_register_of_legislation:C2004A02639:schedule:12:p3
Version: federal_register_of_legislation:C2004A02639
Segment Type: schedule
Provision Reference: sch 12 (pt 3/42)
Character Range: 9148–11762

Parliament within 15 sitting days of that House after the giving of his approval.
"(6) By-laws made under this section take effect from the day on which they are notified in the Gazette or, where a later date is specified in the by-laws, from the date specified.
"(7) If a copy of any by-laws is not laid before each House of the Parliament in accordance with sub-section (5), the by-laws shall be void and of no effect.
"(7a) Where a copy of any by-laws has been laid before a House of the Parliament in accordance with sub-section (5) of this section, the provisions of section 48 (other than sub-sections (1), (2) and (3)) and sections 49 and 50 of the Acts Interpretation Act 1901 apply in relation to those by-laws as if references in those provisions to regulations were references to by-laws.".

Order with respect to disposable estate or interest
8. Section 78 of the Principal Act is amended by omitting sub-section (5).
9. After section 78 of the Principal Act the following section is inserted:

Certain transfers and dealings void
"78a. (1) A purported transfer of, or other dealing with, an estate or interest in land held by an Aboriginal corporation is void and of no effect unless the transfer or other dealing is a prescribed transfer or dealing.
"(2) In sub-section (1), 'prescribed transfer or dealing' means—
     (a) a transfer of, or other dealing with, a disposable estate or interest;
     (b) in the case of an estate or interest in land held by an Aboriginal Council, other than a disposable estate or interest—
          (i) the giving of a mortgage or charge upon or over, or any other disposal of, the estate or interest, where the Minister has consented as mentioned in sub-paragraph 19 (3) (d) (ii) to the giving of the mortgage or charge or to the other disposal; or
          (ii) the giving of a mortgage, charge or other security upon or over the estate or interest, where the Minister has consented as mentioned in paragraph 29 (b) to the giving of the mortgage, charge or other security; and
     (c) in the case of an estate or interest in land held by an Incorporated Aboriginal Association, other than a disposable estate or interest—
          (i) the giving of a mortgage or charge upon or over, or any other disposal of, the estate or interest, where the Minister has consented as mentioned in sub-paragraph 46 (1) (d) (ii) to the giving of the mortgage or charge or to the other disposal; or
          (ii) the giving of a mortgage, charge or other security upon or over the estate or interest, where the Minister has consented as
          mentioned in paragraph 51 (b)