Document ID: chunk:federal_register_of_legislation:C2024C00794:section:35:p2
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 35 (pt 2/4)
Character Range: 200015–202644

payment to a person;
the Land Council must, at the time it pays that amount, advise the person in writing that the amount is an accountable amount.
Note: Sections 35B and 35C impose requirements on a body corporate in relation to accountable amounts.
 (4B) If a Land Council receives a payment in respect of Aboriginal land under a lease under section 19A, the Land Council must, within 6 months of receiving the payment, pay an amount equal to that payment to an Aboriginal and Torres Strait Islander corporation for the benefit of the traditional Aboriginal owners of the land.
 (5) Where a Land Council has not, before the expiration of the period specified in subsection (2) or (3), disbursed any amount that it is, under that subsection, required to disburse because it has not been able to make a determination under that subsection, the Land Council shall, as soon as practicable after the expiration of that period, but not later than one month after the expiration of that period, give to the Minister a report, in writing, setting out its reasons for not having made that determination.
 (6) Where the Minister receives a report from a Land Council under subsection (5), the Minister may, after having regard to the matters set out in that report and to any other matters that the Minister considers relevant, make a determination in relation to the amount to which the report relates, being a determination that could have been made by the Land Council, and, upon the Minister's so doing:
 (a) the determination shall have effect, for all purposes of this Act, as if it were a determination that had been duly made by the Land Council; and
 (b) subject to this section, the Land Council shall cause the amount to which the determination relates to be disbursed forthwith in accordance with the determination.
Note: Sections 35B and 35C impose requirements on a body corporate that receives an amount under a determination.
 (6A) If:
 (a) a body corporate spends an amount it received under a determination under subsection (2), (3) or (6); and
 (b) the Land Council concerned is satisfied that the body corporate has not complied with section 35C in respect of the financial year in which the body corporate spent the amount;
the Land Council may, by notice in writing given to the body corporate, suspend payments under a determination under subsection (2), (3) or (6) of this section, as the case 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,