Document ID: chunk:federal_register_of_legislation:C2004A03449:body:0:p12
Version: federal_register_of_legislation:C2004A03449
Segment Type: other
Provision Reference: 
Character Range: 26714–29448

omitting sub-section (2) and substituting the following sub-section:
"(2) Subject to sub-section (3), a person to whom this section applies who, either directly or indirectly, otherwise than in the performance of the person's functions or duties as an authorized person, a member of a Land Council or a member of the staff of the Land Council, makes a record of, or divulges or communicates to any person any information concerning the affairs of any other person that has been acquired by the person in the course of performing functions or duties under section 23a, 23b, 23c or 23d is guilty of an offence punishable, on summary conviction, by a fine of $2,000 or imprisonment for 12 months, or both.".

Register of traditional Aboriginal owners
16. Section 24 of the Principal Act is amended by omitting "shall" and substituting "may".

Land Council to meet expenses, &c., of Land Trust
17. Section 26 of the Principal Act is amended by inserting "administrative" after "any".

Powers of Land Council
18. Section 27 of the Principal Act is amended by omitting from sub-section (3) "$50,000" and substituting "$100,000, or, if a higher amount is prescribed, that higher amount".

Delegation
19. Section 28 of the Principal Act is amended—
     (a) by omitting from sub-section (1) "Council or to a member of the staff of the Council" and substituting "Council, to a member of the

      staff of the Council or to a committee appointed under section 29a";
     (b) by omitting paragraph (1) (a) and substituting the following paragraph:
          "(a) its power to give or withhold consent in relation to the acquisition or the grant of—
              (i) an estate or interest in Aboriginal land under an agreement or agreements—
                   (a) that will have effect for a period that exceeds, or for periods that together exceed, 2 years; or
                   (b) in respect of which the approval of the Minister is required by sub-section 27 (3); or
              (ii) a mining interest in Aboriginal land;"; and
     (c) by adding at the end the following sub-section:
     "(4) Where the provisions of this Act require that a Land Council, before exercising a power conferred upon it to do, or to consent to the doing of, an act or thing, satisfy itself that—
          (a) the traditional Aboriginal owners (if any) of the land affected by the exercise of the power understand the nature and purpose of the act or thing and consent to it; and
          (b) any Aboriginal community or group that may be affected by the doing of the act or thing has been consulted and has had adequate opportunity to express its views to the Land Council,
     then, if that power is delegated to another person, the person to whom it