Document ID: chunk:federal_register_of_legislation:C2024C00482:clause:1_200:p1
Version: federal_register_of_legislation:C2024C00482
Segment Type: clause
Provision Reference: sch 1 cl 200 (pt 1/2)
Character Range: 70931–73630

200  Restrictions on right to dispose of certain property
(1) This item applies if an individual or body has acquired an interest in land and any of the following applies:
 (a) the interest was acquired using money granted to the individual or body by the Commission before ATSIC abolition day under paragraph 14(1)(a) of the ATSIC Act;
 (b) the interest was acquired from the Commission before ATSIC abolition day under paragraph 14(1)(b) of the ATSIC Act;
 (c) the acquisition of the interest was financed by a loan that was guaranteed by the Commission before ATSIC abolition day under section 15 of the ATSIC Act.
(1A) The appropriate consenting authority may give the individual or body written notice stating that the appropriate consenting authority's consent is not required in relation to any disposal of the interest by the individual or body.
(2) If the interest is not covered by a notice under subitem (1A), the individual or body must not dispose of the interest without the appropriate consenting authority giving written consent to that disposal.
(3) The consent must specify the disposal it covers by identifying the person or class of persons to whom the interest is to be disposed of.
(4) Subitem (3) does not prevent a consent from further specifying a particular disposal in other ways.
(5) A purported disposal of the interest by the individual or body has no effect unless it is covered by a notice under subitem (1A) or a consent under subitem (2).
(6) The appropriate consenting authority may attach a condition to a consent by specifying the condition in the document setting out the consent.
(7) Contravention of a condition does not affect the disposal of the interest by the individual or body.
(8) The appropriate consenting authority may give the individual or body written notice requiring the individual or body to pay to the Commonwealth, Indigenous Business Australia or the Indigenous Land Corporation, as the case requires, the amount specified in the notice if:
 (a) the interest disposed of was acquired by the individual or body either:
 (i) using money granted by the Commission to the individual or body under paragraph 14(1)(a) of the ATSIC Act; or
 (ii) by way of a grant of that interest in land from the Commission under paragraph 14(1)(b) of that Act; and
 (b) the condition attached to the consent to the disposal of that interest was that some or all of the proceeds of the disposal be applied for a purpose specified by the appropriate consenting authority; and
 (c) the appropriate consenting authority is satisfied that the condition was not complied with.
(9) The appropriate consenting authority must not specify in a notice under subitem (8) an