Document ID: chunk:federal_register_of_legislation:C2007C00447:clause:1_35a
Version: federal_register_of_legislation:C2007C00447
Segment Type: clause
Provision Reference: sch 1 cl 35A
Character Range: 81591–82835

35A  Making of determinations under subsection 35(2), (3) or (6)

 (1) A Land Council must have regard to the following matters before making a determination under subsection 35(2) or (3) in relation to a body corporate:
 (a) any report:
 (i) of an evaluation or audit conducted under paragraph 193X(1)(cb) of the Aboriginal and Torres Strait Islander Act 2005 in relation to the body; and
 (ii) that was given to the Minister administering Part 4B of that Act in the period of 5 years before the time when the Council began to consider making the determination;
 (b) if the body was required to comply with section 35C for one or more of the previous 5 financial years—whether the body has so complied.

 (2) A determination under subsection 35(2), (3) or (6) must be in writing and must specify the period, not exceeding 5 years, for which it is in force.

 (3) A Land Council may vary or revoke a determination under subsection 35(2) or (3). The variation or revocation must be in writing.

 (4) A Land Council may, with the Minister's approval, vary or revoke a determination under subsection 35(6). The variation or revocation must be in writing.

 (5) A determination under subsection 35(2), (3) or (6) is not a legislative instrument.