Document ID: chunk:federal_register_of_legislation:C2024C00482:clause:1_201
Version: federal_register_of_legislation:C2024C00482
Segment Type: clause
Provision Reference: sch 1 cl 201
Character Range: 75731–78197

201  Liabilities taken to be interests in land
(1) Any liability of an individual, a body corporate or an unincorporated body to the Commission (other than a liability arising under subitem (2) or (3)) arising:
 (a) under the terms and conditions of a grant or loan referred to in subsection 14(2) of the ATSIC Act; or
 (b) under section 20 or 21 of the ATSIC Act in relation to such a grant or loan;
is taken, on and after ATSIC abolition day, to be an interest of the Commonwealth in the land to which it relates.
(2) Any liability of an individual, a body corporate or an unincorporated body to the Commission arising:
 (a) under the terms and conditions of a grant or loan referred to in subsection 14(2) of the ATSIC Act that is, on ATSIC abolition day, declared to be a class A exempted asset; or
 (b) under section 20 or 21 of the ATSIC Act in relation to such a grant or loan;
is taken, on and after that day, to be an interest of Indigenous Business Australia in the land to which it relates.
(3) Any liability of an individual, a body corporate or an unincorporated body to the Commission arising:
 (a) under the terms and conditions of a grant referred to in subsection 14(2) of the ATSIC Act that is, on ATSIC abolition day, declared to be a class B exempted asset; or
 (b) under section 20 or 21 of the ATSIC Act in relation to such a grant;
is taken, on and after that day, to be an interest of the Indigenous Land Corporation in the land to which it relates.
(4) Any liability of an individual, a body corporate or an unincorporated body to the Commonwealth, Indigenous Business Australia or the Indigenous Land Corporation arising under item 199 or 200 of this Schedule is taken to be an interest of the Commonwealth, Indigenous Business Australia or the Indigenous Land Corporation in the land to which the liability relates.
(5) The land is charged with a payment of all costs and expenses incurred by the Commission, the Commonwealth, Indigenous Business Australia or the Indigenous Land Corporation in respect of its enforcement of the liability.
(6) The land referred to in subitem (1), (2), (3) or (4) is taken, for the purposes of the Aboriginal Land Rights (Northern Territory) Act 1976 to be alienated Crown land in which all estates or interests not held by the Crown are held on behalf of Aboriginals.
(7) This item does not apply to a liability arising under subsection 21(10) of the ATSIC Act or under subitem 200(10) of this Schedule.