{"id":"sr:aboriginal-lands-regulations-2025","name":"Aboriginal Lands Regulations 2025","slug":"aboriginal-lands-regulations-2025","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183867,"registerId":"vic-sr:aboriginal-lands-regulations-2025-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Aboriginal Lands Regulations 2025","content":"Version No. 001\n\n**Aboriginal Lands Regulations 2025**\n\n**S.R. No. 29/2025**\n\nVersion as at  \n28 May 2025\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objectives 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Definition 1\n\nPart 2—Instrument of transfer 2\n\n5 Form of instrument of transfer 2\n\n6 Supporting documents 2\n\nSchedule 1—Form of instrument of transfer 4\n\n═════════════\n\nEndnotes 11\n\n1 General information 11\n\n2 Table of Amendments 13\n\n3 Explanatory details 14\n\n**Version No.** **001**\n\n**Aboriginal Lands Regulations 2025**\n\n**S.R. No. 29/2025**\n\nVersion as at  \n28 May 2025\n\nPart 1—Preliminary\n\n\t1 Objectives\n\nThe objectives of these Regulations are to prescribe—\n\n(a) the form of an instrument of transfer; and\n\n(b) the information and supporting documents to accompany an instrument of transfer.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 28 of the **Aboriginal Lands Act 1970**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 28 May 2025.\n\n\t4 Definition\n\nIn these Regulations—\n\n***the Act*** means the **Aboriginal Lands Act 1970**.\n\nPart 2—Instrument of transfer\n\n\t5 Form of instrument of transfer\n\nFor the purposes of section 13(1) of the Act, the prescribed form is set out in Schedule 1.\n\n\t6 Supporting documents\n\n(1) For the purposes of section 13(1)(a) of the Act, the prescribed supporting documents are—\n\n(a) a certified copy of a document specified in subregulation (2) to verify the identity of the person transferring the shares; and\n\n(b) a certified copy of a document specified in subregulation (2) to verify the identity of the person receiving the shares.\n\n(2) The specified documents are the following—\n\n(a) an Australian driver licence within the meaning of the **Road Safety Act 1986**;\n\n(b) an Australian learner permit within the meaning of the **Road Safety Act 1986**;\n\n(c) an Australian passport within the meaning of the Australian Passports Act 2005 of the Commonwealth;\n\n(d) a proof of age card within the meaning of the **Liquor Control Reform Act 1998**;\n\n(e) a health care card, pensioner concession card or seniors health card within the meaning of the Social Security Act 1991 of the Commonwealth;\n\n(f) an identification card issued by a tertiary education institution that includes a photograph of the person;\n\n(g) evidence of a WWC clearance within the meaning of section 3(1) of the **Worker Screening Act 2020**;\n\n(h) an Australian citizenship certificate;\n\n(i) a medicare card within the meaning of section 84(1) of the National Health Act 1953 of the Commonwealth;\n\n(j) a Veteran card issued by the Department of Veterans' Affairs of the Commonwealth.\n\n(3) For the purposes of section 13(1)(a) of the Act, the prescribed supporting information for a transfer of shares to a person referred to in section 14(2)(d) of the Act is a statement verifying the relationship between the person selling the shares and the person receiving the shares in—\n\n(a) the statutory declaration referred to in section 13(1)(b) of the Act; and\n\n(b) the statutory declaration referred to in section 13(1)(c) of the Act.\n\n(4) A copy of a document that is required to be certified under subregulation (1) must be certified in accordance with Part 5 of the **Oaths and Affirmations Act 2018**.\n\nSchedule 1—Form of instrument of transfer\n\nRegulation 5\n\nPart A—to be completed by the person transferring the shares\n\nSTEP 1—Details of person transferring the shares\n\n| **Full name:** |  |\n| --- | --- |\n| **Other names:**   [*include birth name or any other names you have been known by*] |  |\n| **Date of birth:** |  |\n| **Current address:** |  |\n| **Email address:** |  |\n| **Phone number:** |  |\n\n\nSTEP 2—Verify identity of person transferring the shares\n\nIn order to verify your identity, provide a certified copy of one of the following forms of identification: (For more information about \"certified copies\", see the note at the bottom of this form.)\n\n| ☐ Australian driver licence or learner permit | ☐ Australian passport | ☐ Identification card (with photo) issued by a tertiary education institution |\n| --- | --- | --- |\n| ☐ Health care card, pensioner concession card or seniors health card | ☐ Proof of age card | ☐ Working with children check card |\n| ☐ Australian citizenship certificate | ☐ Medicare card | ☐ Veteran card |\n\n\nSTEP 3—Relationship with person receiving the shares\n\nSpecify the person who is receiving the shares by selecting an option in Column 1 or Column 2.\n\n| *Column 1* | *Column 2* |\n| --- | --- |\n| ☐ Spouse or domestic partner | ☐ The Trust |\n| ☐ Parent | ☐ Trust member |\n| ☐ Child or direct descendant | ☐ The Crown in right of the Commonwealth or the State |\n| ☐ Sibling |  |\n| ☐ Parent's sibling |  |\n| ☐ Parent's child or direct descendant |  |\n| ☐ Child or direct descendant of parent's sibling |  |\n\n\nSTEP 4—Confirm shares being transferred\n\n- **Name of Trust:**\n[*select the appropriate Trust*] ☐ Framlingham Aboriginal Trust\n☐ Lake Tyers Aboriginal Trust\n- **Number of shares being transferred:**\n- **If selling shares, total value of shares being transferred:**\n[*insert dollar amount*]**Note:** Section 14 of the **Aboriginal Lands Act 1970** (\"the Act\") outlines the requirements for selling shares.If you wish to sell a share, you may make a written offer to the Trust or a person nominated by the Trust. The nominated person must be eligible to receive shares under section 14(2) of the Act (see list in Step 3). That offer remains open for acceptance for a period of 3 months from the date the offer is made. Once that offer lapses, you are entitled to transfer the shares to someone of your choosing who is eligible to receive shares under section 14(2) of the Act (see list in Step 3).The price of any shares offered for sale under section 14(4) of the Act must be the price fixed in accordance with the Act by the Trust's auditor.\n- **If selling shares, total amount paid for shares:**\n[*insert dollar amount*]\n- **Name of person receiving the shares:**\n- **Unique share numbers being transferred** **From:** **To:**\n\n\nPart B—to be completed by the person receiving the shares\n\nSTEP 5—Details of person receiving the shares\n\n| **Full name:** |  |\n| --- | --- |\n| **Other names:**   [*include birth name or any other names you have been known by*] |  |\n| **Date of birth:** |  |\n| **Current address:** |  |\n| **Email address:** |  |\n| **Phone number:** |  |\n\n\nSTEP 6—Verify identity of person receiving the shares\n\nIn order to verify your identity, provide a certified copy of one of the following forms of identification:\n\n| ☐ Australian driver licence or learner permit | ☐ Australian passport | ☐ Identification card (with photo) issued by a tertiary education institution |\n| --- | --- | --- |\n| ☐ Health care card, pensioner concession card or seniors health card | ☐ Proof of age card | ☐ Working with children check card |\n| ☐ Australian citizenship certificate | ☐ Medicare card | ☐ Veteran card |\n\n\nSTEP 7—Confirm acceptance of shares\n\nI, [*insert name of person receiving the shares*], confirm I am accepting the transfer of [*insert number of shares*] into my name.\n\nPart C—to be completed by the person transferring the shares and the person receiving the shares\n\nSTEP 8—Person transferring the shares and person receiving the shares to make a statutory declaration each\n\nA statutory declaration is a written statement that you (the declarant) sign and declare to be true and correct in the presence of an authorised witness.\n\nBy signing it, you agree that the information in it is true. You can be charged with a criminal offence if the information is false.\n\nFor guidance on how to make a statutory declaration in Victoria, you can visit the Department of Justice and Community Safety's website. See also Part 4 of the **Oaths and Affirmations Act 2018**.\n\nTo ensure a transfer of shares is valid, the person transferring the shares and the person receiving the shares must each prepare a statutory declaration in accordance with section 13 of the **Aboriginal Lands Act 1970**.\n\nFill out your statutory declaration before meeting your authorised witness, but do not sign it. Each statutory declaration must be signed in front of a witness.\n\nEach statutory declaration must state—\n\n- the number of shares to be sold or transferred; and\n- if the shares are being transferred to a person listed in Column 1 under Step 3, the relationship between the person transferring the shares and the person receiving the shares; and\n- if the shares are to be sold, that the sale is in accordance with section 14 of the **Aboriginal Lands Act 1970**; and\n- if the shares are to be otherwise transferred, that the transfer is not a sale or exchange for consideration; and\n- that the sale or transfer is made in accordance with the **Aboriginal Lands Act 1970** and the Aboriginal Lands Regulations 2025.\n\n\nSTEP 9—Signatures of person transferring the shares and person receiving the shares\n\nI, [*insert name*], confirm that I am transferring the shares to [*insert name*] as outlined in this form. I acknowledge that the supply of false information may lead to the Trust refusing to make the transfer or voiding the transfer and the entries in the register of members once made.\n\n**SIGNED by the person transferring the shares**\n\nName:\n\nSignature:\n\nDate:\n\nI, [*insert name*], confirm that I am receiving the shares from [*insert name*] as outlined in this form. I acknowledge that the supply of false information may lead to the Trust refusing to make the transfer or voiding the transfer and the entries in the register of members once made.\n\n**SIGNED by the person receiving the shares**\n\nName:\n\nSignature:\n\nDate:\n\nSTEP 10—Submit to the Trust office\n\nSubmit this form and supporting documentation to the relevant Trust office:\n\n☐ Completed instrument of transfer form\n\n☐ Certified copy of identity document for person transferring the shares\n\n☐ Certified copy of identity document for person receiving the shares\n\n☐ Statutory declaration by person transferring the shares\n\n☐ Statutory declaration by person receiving the shares\n\n**Note:** A certified copy of an original document is a copy that has been certified in accordance with Part 5 of the **Oaths and Affirmations Act 2018**. This means that the copy has been certified as being a true copy of an original document by a person who is authorised to certify copies of original documents. For more information on certified copies, you can visit the Department of Justice and Community Safety's website.\n\n- **OFFICE USE ONLY**\n- All documentary evidence provided: ☐ YES\n☐ NO\n- Accepted by:\n[*name and signature of Trust office representative*]\n- Date accepted by Trust office:\n- Date approved by the Trust Committee of Management: COMMON SEAL\n[*Trust approval stamp*]\n\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Aboriginal Lands Regulations 2025, S.R. No. 29/2025 were made on 20 May 2025 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 28 of the **Aboriginal Lands Act 1970**, No. 8044/1970 and came into operation on 28 May 2025: regulation 3.\n\nThe Aboriginal Lands Regulations 2025 will sunset 10 years after the day of making on 20 May 2035 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Aboriginal Lands Regulations 2025 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Regulations do not expand or narrow who may transfer or receive shares under the Aboriginal Lands Act 1970; they prescribe the form of transfer and the identity and supporting documents required (reg 5; reg 6; Schedule 1). The instrument implements procedural verification and record‑keeping without changing the Act's substantive eligibility rules (see reg 2 authorising provision)."},"complexity_factors":["Narrow subject-matter: regulation only prescribes a form and supporting documents (reg 5; Schedule 1) — reduces legal complexity.","Procedural detail: multi-step form with required statutory declarations and certification steps creates administrative complexity for users and Trust offices (Schedule 1 Steps 2,8,9,10).","Cross‑referencing to other statutes increases interpretation tasks: Road Safety Act 1986, Australian Passports Act 2005, Social Security Act 1991, Oaths and Affirmations Act 2018, Worker Screening Act 2020, National Health Act 1953 (reg 6(2); reg 6(4); Schedule notes).","Certification requirement: certified copies must comply with Part 5 of the Oaths and Affirmations Act 2018, adding a formal attestation step and potential access costs for declarants (reg 6(4); Schedule 1 Note).","Discretion point: Trust office has an acceptance/approval role and may refuse or void transfers, creating an administrative decision-maker to which applicants must submit documents (Schedule 1 Step 10; Step 9 acknowledgements).","Limited substantive change: regulations do not alter who is eligible to receive shares under the Act but implement verification procedures, so legal complexity remains low though practical compliance steps are detailed (reg 2; reg 5)."],"plain_english_summary":"These Regulations prescribe the exact form for transferring shares in two Aboriginal Trusts and list the identity documents and statutory declarations required (reg 5, Schedule 1; reg 6). They affect current and prospective members, Trust offices that must verify and record transfers, and authorised witnesses who certify documents. Practically, sellers and transferees must provide certified ID and signed statutory declarations (reg 6(1),(4); Schedule 1 Steps 2,8), imposing verification and administrative costs on individuals and Trusts and giving Trust staff authority over acceptance (Schedule 1 Step 10)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Impossible to assess scope change from the text provided. The document contains only metadata and version history headers with no substantive regulatory content to compare against any original intent."},"complexity_factors":["Insufficient substantive content provided to assess true regulatory complexity","Aboriginal land law is inherently complex at a subject-matter level, involving intersecting Commonwealth and state/territory frameworks","Consolidated versioning suggests possible layering of amendments, which can add complexity","Score reflects only what is visible in the provided text — actual regulations may score significantly higher"],"plain_english_summary":"These are the Aboriginal Lands Regulations 2025 (Statutory Rule No. 29/2025), a consolidated set of subordinate rules concerning Aboriginal lands. The copy provided contains no substantive provisions—only metadata—so its legal effects are indeterminate from this text alone.\n\nSuch regulations typically affect Aboriginal communities, land councils, government land administrators and anyone seeking access or development; a meaningful assessment requires the full regulatory text."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: prescribing the form and supporting documents for transferring shares under the Aboriginal Lands Act 1970. The scope has not expanded beyond this administrative function."},"complexity_factors":["Only 6 regulations plus a schedule containing a form","Single defined term ('the Act')","Straightforward cross-references to the parent Act (Aboriginal Lands Act 1970) and external statutes (Oaths and Affirmations Act 2018, Road Safety Act 1986, etc.)","No nested exceptions or conditional logic beyond basic 'if selling, then...' requirements","The form in Schedule 1 is lengthy but consists of plain-language instructions and checkboxes rather than dense legal text","Limited operational provisions — primarily prescribes a form and ID requirements rather than creating substantive rights or obligations"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations create a standardised form and process for transferring shares in two Aboriginal land trusts in Victoria: the Framlingham Aboriginal Trust and the Lake Tyers Aboriginal Trust. These trusts hold land on behalf of Aboriginal communities under the *Aboriginal Lands Act 1970*.\n\n**Who it affects:**\n\n- **Shareholders** in the Framlingham or Lake Tyers Aboriginal Trusts who want to transfer (sell or gift) their shares to someone else\n- **Recipients** of those shares — who must be family members (spouses, parents, children, siblings, etc.), the Trust itself, another trust member, or the Crown (government)\n- The **Trust offices** that process these transfers\n\n**Why it matters:**\n\nBefore these regulations, there was no prescribed form for transferring shares in these trusts. This created uncertainty and potential for disputes. Now there is a clear, legally binding process that:\n\n- **Verifies identities** — both parties must provide certified copies of ID (driver's licence, passport, Medicare card, etc.)\n- **Prevents fraud** — both parties must sign statutory declarations (sworn statements) confirming the transfer details\n- **Protects community interests** — shares can only be transferred to eligible people (mostly family or the Trust itself), preventing outsiders from acquiring control of Aboriginal land\n- **Creates transparency** — the form requires clear documentation of share numbers, values, and relationships between parties\n\n**Key requirements:**\n\n- The transfer form (Schedule 1) must be completed in three parts: by the seller, the buyer, and both together\n- Both parties need \"certified copies\" of ID — meaning a copy signed by an authorised person (like a Justice of the Peace) confirming it's a true copy of the original\n- If selling shares, the seller must first offer them to the Trust at a price set by the Trust's auditor; only if the Trust declines can shares be sold to family members\n- Both parties must make statutory declarations (sworn statements before an authorised witness) about the transfer\n\n**In short:** These regulations make it easier and safer for Aboriginal shareholders to pass on their interests in traditional lands to family members, while protecting the land from falling into outside hands."}},"importantCases":[],"_links":{"self":"/api/acts/aboriginal-lands-regulations-2025","history":"/api/acts/aboriginal-lands-regulations-2025/history","analysis":"/api/acts/aboriginal-lands-regulations-2025/analysis","conflicts":"/api/acts/aboriginal-lands-regulations-2025/conflicts","importantCases":"/api/acts/aboriginal-lands-regulations-2025/important-cases","documents":"/api/acts/aboriginal-lands-regulations-2025/documents"}}