Document ID: chunk:federal_register_of_legislation:C2007C00447:clause:1_92
Version: federal_register_of_legislation:C2007C00447
Segment Type: clause
Provision Reference: sch 1 cl 92
Character Range: 78900–80751

92  After subsection 35(6)
Insert:

 (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, apart from the giving of that notice, in trust for the body corporate; and
 (b) hold the amount in trust until it is paid to the body corporate.

 (6C) During the period of a suspension under subsection (6A), the Land Council may, under subsection 35A(3) or (4):
 (a) vary a determination under subsection (2), (3) or (6) of this section, as the case may be, so that the determination no longer applies in respect of the body corporate and instead applies in respect of another body corporate; or
 (b) revoke a determination under subsection (2), (3) or (6) of this section, as the case may be, in respect of the body corporate and make a new determination under subsection (2) or (3) of this section, as the case may be, in respect of another body corporate.

 (6D) If subsection (6C) applies, the Land Council must pay to the other body corporate any amount held in trust in accordance with subsection (6B). This subsection applies despite subsection (6B).

Note: Interest may also be payable to the other body corporate under subsection (11).

 (6E) A notice under subsection (6A) is not a legislative instrument.