{"id":"qld:sl-2011-0174","name":"Torres Strait Islander Land Regulation 2011","slug":"torres-strait-islander-land-regulation-2011","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"174 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175703,"registerId":"qld-qld:sl-2011-0174-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Torres Strait Islander Land Regulation 2011 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences immediately after the commencement of the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011 , section 188 .","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in the schedule defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Provisions about land trusts","content":"# Provisions about land trusts","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Members of land trusts","content":"## Members of land trusts","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Payments to members","content":"### sec.4 Payments to members\n\nA member may be paid an amount equal to expenses reasonably incurred, or to be incurred, in the performance of the member’s functions under the Act or this regulation.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Land trust to indemnify members","content":"### sec.5 Land trust to indemnify members\n\nA land trust must indemnify all its members engaged in giving effect to the Act or this regulation against all proceedings and claims in relation to—\nacts done, or omitted to be done, by the member without negligence under the Act ; and\nacts done, or omitted to be done, by the member in good faith and without negligence purportedly for the purposes of the Act or this regulation.\n- (a) acts done, or omitted to be done, by the member without negligence under the Act ; and\n- (b) acts done, or omitted to be done, by the member in good faith and without negligence purportedly for the purposes of the Act or this regulation.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Immunity of members","content":"### sec.6 Immunity of members\n\nA member—\nis chargeable only for amounts and securities actually received even though the member signed a receipt for the amount or security; and\nis answerable and accountable only for the member’s own acts, receipts, neglects or defaults.\nWithout limiting subsection (1) , a member is not answerable or accountable for—\nthe acts, receipts, neglects or defaults of another member or the land trust; or\nthe acts, receipts, neglects or defaults of a bank, broker or other person with whom trust property is deposited; or\nthe insufficiency or deficiency of any securities or another loss unless the insufficiency, deficiency or loss happens because of the member’s default.\n(sec.6-ssec.1) A member— is chargeable only for amounts and securities actually received even though the member signed a receipt for the amount or security; and is answerable and accountable only for the member’s own acts, receipts, neglects or defaults.\n(sec.6-ssec.2) Without limiting subsection (1) , a member is not answerable or accountable for— the acts, receipts, neglects or defaults of another member or the land trust; or the acts, receipts, neglects or defaults of a bank, broker or other person with whom trust property is deposited; or the insufficiency or deficiency of any securities or another loss unless the insufficiency, deficiency or loss happens because of the member’s default.\n- (a) is chargeable only for amounts and securities actually received even though the member signed a receipt for the amount or security; and\n- (b) is answerable and accountable only for the member’s own acts, receipts, neglects or defaults.\n- (a) the acts, receipts, neglects or defaults of another member or the land trust; or\n- (b) the acts, receipts, neglects or defaults of a bank, broker or other person with whom trust property is deposited; or\n- (c) the insufficiency or deficiency of any securities or another loss unless the insufficiency, deficiency or loss happens because of the member’s default.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Protection about notice when a person is a member of more than 1 land trust","content":"### sec.7 Protection about notice when a person is a member of more than 1 land trust\n\nA person who is a member of more than 1 land trust is not, in the absence of fraud, to be affected by notice of any instrument, fact or thing in relation to a particular land trust if the person receives the notice merely because of the person’s membership of another land trust.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Chairperson, deputy chairperson and secretary—appointment","content":"### sec.8 Chairperson, deputy chairperson and secretary—appointment\n\nA land trust must appoint—\na member as the chairperson of the land trust; and\nif there is more than one member—a member as the deputy chairperson of the land trust; and\nif there are more than 2 members—a member as the secretary of the land trust.\ns 8 amd 2013 SL No. 137 s 11\n- (a) a member as the chairperson of the land trust; and\n- (b) if there is more than one member—a member as the deputy chairperson of the land trust; and\n- (c) if there are more than 2 members—a member as the secretary of the land trust.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Acting as chairperson, secretary or in another executive office","content":"### sec.9 Acting as chairperson, secretary or in another executive office\n\nThe deputy chairperson may act as the chairperson during—\na vacancy in the office of chairperson; or\nany period when the chairperson is absent from duty or from the State or, for any reason, can not perform the duties of the office of chairperson.\nAny member of a land trust may act as the secretary during—\na vacancy in the office of secretary; or\nany period when the secretary is absent from duty or from the State or, for any reason, can not perform the duties of the office of secretary.\nAny member of a land trust may act in another executive office of the land trust during—\na vacancy in the office; or\nany period when the holder of the office is absent from duty or from the State or, for any reason, can not perform the duties of the office.\n(sec.9-ssec.1) The deputy chairperson may act as the chairperson during— a vacancy in the office of chairperson; or any period when the chairperson is absent from duty or from the State or, for any reason, can not perform the duties of the office of chairperson.\n(sec.9-ssec.2) Any member of a land trust may act as the secretary during— a vacancy in the office of secretary; or any period when the secretary is absent from duty or from the State or, for any reason, can not perform the duties of the office of secretary.\n(sec.9-ssec.3) Any member of a land trust may act in another executive office of the land trust during— a vacancy in the office; or any period when the holder of the office is absent from duty or from the State or, for any reason, can not perform the duties of the office.\n- (a) a vacancy in the office of chairperson; or\n- (b) any period when the chairperson is absent from duty or from the State or, for any reason, can not perform the duties of the office of chairperson.\n- (a) a vacancy in the office of secretary; or\n- (b) any period when the secretary is absent from duty or from the State or, for any reason, can not perform the duties of the office of secretary.\n- (a) a vacancy in the office; or\n- (b) any period when the holder of the office is absent from duty or from the State or, for any reason, can not perform the duties of the office.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Resignation of members","content":"### sec.10 Resignation of members\n\nA member of a land trust may resign by signed notice of resignation given to the land trust.\nThe resignation does not take effect until it is accepted by the land trust.\n(sec.10-ssec.1) A member of a land trust may resign by signed notice of resignation given to the land trust.\n(sec.10-ssec.2) The resignation does not take effect until it is accepted by the land trust.","sortOrder":12},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Rules of land trusts","content":"## Rules of land trusts","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Adoption of rules","content":"### sec.11 Adoption of rules\n\nA land trust must adopt rules governing the land trust ( adopted rules ).\nA land trust must adopt its first rules as soon as practicable after it comes into existence.\nWithin 28 days after a land trust adopts its first rules, adopts changes to its adopted rules or adopts new rules, the land trust must give the chief executive a copy of its adopted rules.\nIf there is an inconsistency between subdivision 2 or 3 and a land trust’s adopted rules, the subdivision prevails to the extent of the inconsistency.\ns 11 amd 2013 SL No. 137 s 12\n(sec.11-ssec.1) A land trust must adopt rules governing the land trust ( adopted rules ).\n(sec.11-ssec.2) A land trust must adopt its first rules as soon as practicable after it comes into existence.\n(sec.11-ssec.3) Within 28 days after a land trust adopts its first rules, adopts changes to its adopted rules or adopts new rules, the land trust must give the chief executive a copy of its adopted rules.\n(sec.11-ssec.4) If there is an inconsistency between subdivision 2 or 3 and a land trust’s adopted rules, the subdivision prevails to the extent of the inconsistency.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Content of adopted rules","content":"### sec.12 Content of adopted rules\n\nThe adopted rules of a land trust must include provision for the following—\nthe establishment, membership and functions of the land trust’s executive committee;\nthe process for decision-making by the land trust and its committees;\nthe creation of the land trust’s executive offices and the procedure for filling the offices;\nthe appointment of a person to act in the position of a member of the executive committee when the member is, or is to be, absent;\nthe procedure for settling disputes between the land trust and its members;\nthe frequency of meetings of the executive committee, and how the meetings are to be held;\nthe way the land trust’s general meetings are to be called and held;\nrequirements for managing trust property, including requirements for the following—\nkeeping records of the land trust’s transactions;\nprocedures for authorising payments, and for making payments, out of the land trust’s funds;\nkeeping control over trust property;\nprocedures for incurring liabilities by or for the land trust;\nthe procedure for adopting changes to the adopted rules of the land trust and for adopting new rules.\ns 12 amd 2013 SL No. 137 s 13\n- (a) the establishment, membership and functions of the land trust’s executive committee;\n- (b) the process for decision-making by the land trust and its committees;\n- (c) the creation of the land trust’s executive offices and the procedure for filling the offices;\n- (d) the appointment of a person to act in the position of a member of the executive committee when the member is, or is to be, absent;\n- (e) the procedure for settling disputes between the land trust and its members;\n- (f) the frequency of meetings of the executive committee, and how the meetings are to be held;\n- (g) the way the land trust’s general meetings are to be called and held;\n- (h) requirements for managing trust property, including requirements for the following— (i) keeping records of the land trust’s transactions; (ii) procedures for authorising payments, and for making payments, out of the land trust’s funds; (iii) keeping control over trust property; (iv) procedures for incurring liabilities by or for the land trust;\n- (i) keeping records of the land trust’s transactions;\n- (ii) procedures for authorising payments, and for making payments, out of the land trust’s funds;\n- (iii) keeping control over trust property;\n- (iv) procedures for incurring liabilities by or for the land trust;\n- (i) the procedure for adopting changes to the adopted rules of the land trust and for adopting new rules.\n- (i) keeping records of the land trust’s transactions;\n- (ii) procedures for authorising payments, and for making payments, out of the land trust’s funds;\n- (iii) keeping control over trust property;\n- (iv) procedures for incurring liabilities by or for the land trust;","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Definition for sdiv 2","content":"### sec.13 Definition for sdiv 2\n\nIn this subdivision—\nmeeting , of a land trust, means—\na general meeting of the land trust; or\na meeting of the executive committee of the land trust.\n- (a) a general meeting of the land trust; or\n- (b) a meeting of the executive committee of the land trust.","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.14 Application of sdiv 2\n\nThis subdivision applies to a land trust unless, under its adopted rules, the appointment of proxies for a meeting of the land trust is not permitted.","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Appointing proxy","content":"### sec.15 Appointing proxy\n\nA person who is entitled to attend and cast a vote at a meeting of the land trust may appoint an individual to attend and vote for the person at the meeting.\nAn appointment of a proxy is valid if—\nit is signed by the person making the appointment, or otherwise authenticated in a way the land trust considers appropriate; and\nit includes the following information—\nthe person’s name;\nthe proxy’s name;\nthe meeting at which the appointment may be used.\nAn appointment may state the way the proxy is to vote on a particular resolution.\nIn this section—\nindividual means an individual who is—\na member of the land trust; or\na Torres Strait Islander particularly concerned with the land held by the land trust.\n(sec.15-ssec.1) A person who is entitled to attend and cast a vote at a meeting of the land trust may appoint an individual to attend and vote for the person at the meeting.\n(sec.15-ssec.2) An appointment of a proxy is valid if— it is signed by the person making the appointment, or otherwise authenticated in a way the land trust considers appropriate; and it includes the following information— the person’s name; the proxy’s name; the meeting at which the appointment may be used.\n(sec.15-ssec.3) An appointment may state the way the proxy is to vote on a particular resolution.\n(sec.15-ssec.4) In this section— individual means an individual who is— a member of the land trust; or a Torres Strait Islander particularly concerned with the land held by the land trust.\n- (a) it is signed by the person making the appointment, or otherwise authenticated in a way the land trust considers appropriate; and\n- (b) it includes the following information— (i) the person’s name; (ii) the proxy’s name; (iii) the meeting at which the appointment may be used.\n- (i) the person’s name;\n- (ii) the proxy’s name;\n- (iii) the meeting at which the appointment may be used.\n- (i) the person’s name;\n- (ii) the proxy’s name;\n- (iii) the meeting at which the appointment may be used.\n- (a) a member of the land trust; or\n- (b) a Torres Strait Islander particularly concerned with the land held by the land trust.","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"When appointment of proxy is effective","content":"### sec.16 When appointment of proxy is effective\n\nThe appointment of a proxy for a meeting of the land trust is effective only if the proxy’s appointment is received by the land trust before the meeting starts.","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"Counting proxies for quorum","content":"### sec.17 Counting proxies for quorum\n\nIn deciding whether a quorum is present at a meeting of the land trust, an individual attending the meeting as a proxy is counted.\nHowever, if a person has appointed more than 1 proxy for a particular meeting, only 1 of the proxies is counted.\nIf an individual is attending a particular meeting both as a member of the land trust and as a proxy for 1 or more persons, the individual is counted only twice.\nIf an individual who is not a member of the land trust is attending a particular meeting as a proxy for 1 or more persons, the individual is counted only once.\n(sec.17-ssec.1) In deciding whether a quorum is present at a meeting of the land trust, an individual attending the meeting as a proxy is counted.\n(sec.17-ssec.2) However, if a person has appointed more than 1 proxy for a particular meeting, only 1 of the proxies is counted.\n(sec.17-ssec.3) If an individual is attending a particular meeting both as a member of the land trust and as a proxy for 1 or more persons, the individual is counted only twice.\n(sec.17-ssec.4) If an individual who is not a member of the land trust is attending a particular meeting as a proxy for 1 or more persons, the individual is counted only once.","sortOrder":20},{"sectionNumber":"sec.18","sectionType":"section","heading":null,"content":"### Section sec.18\n\ns 18 om 2013 SL No. 137 s 14","sortOrder":21},{"sectionNumber":"sec.19","sectionType":"section","heading":null,"content":"### Section sec.19\n\ns 19 om 2013 SL No. 137 s 14","sortOrder":22},{"sectionNumber":"sec.20","sectionType":"section","heading":"When election of members of executive committee must be held","content":"### sec.20 When election of members of executive committee must be held\n\nThis section applies to a land trust if the land trust’s total income from all sources for a financial year is more than $20000.\nThe land trust must, within 2 years after the end of the financial year, hold an election of members of the land trust to elect the members of its executive committee.\n(sec.20-ssec.1) This section applies to a land trust if the land trust’s total income from all sources for a financial year is more than $20000.\n(sec.20-ssec.2) The land trust must, within 2 years after the end of the financial year, hold an election of members of the land trust to elect the members of its executive committee.","sortOrder":23},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Trust property","content":"## Trust property","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":null,"content":"### Section sec.21\n\ns 21 om 2013 SL No. 137 s 16","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Property to be held on trust","content":"### sec.22 Property to be held on trust\n\nA land trust is to hold, invest, use and distribute trust property—\nfor the benefit of the Torres Strait Islanders for whose benefit the land trust holds the trust property; and\nin compliance with the Act and this regulation.\n- (a) for the benefit of the Torres Strait Islanders for whose benefit the land trust holds the trust property; and\n- (b) in compliance with the Act and this regulation.","sortOrder":26},{"sectionNumber":"sec.23","sectionType":"section","heading":"Powers in relation to trust property","content":"### sec.23 Powers in relation to trust property\n\nThe land trust may exercise the powers that an owner of real or personal property can exercise in relation to the owner’s real or personal property.\nSubsection (1) is subject to the Act and this regulation.\n(sec.23-ssec.1) The land trust may exercise the powers that an owner of real or personal property can exercise in relation to the owner’s real or personal property.\n(sec.23-ssec.2) Subsection (1) is subject to the Act and this regulation.","sortOrder":27},{"sectionNumber":"sec.24","sectionType":"section","heading":"Funds to be invested under Trusts Act 1973","content":"### sec.24 Funds to be invested under Trusts Act 1973\n\nA land trust may invest trust property only under the Trusts Act 1973 , section 21 .\nAll trust property is to be invested in the name of the land trust.\n(sec.24-ssec.1) A land trust may invest trust property only under the Trusts Act 1973 , section 21 .\n(sec.24-ssec.2) All trust property is to be invested in the name of the land trust.","sortOrder":28},{"sectionNumber":"sec.25","sectionType":"section","heading":"Staff and consultants, and members’ expenses, to be paid from trust property","content":"### sec.25 Staff and consultants, and members’ expenses, to be paid from trust property\n\nThe cost of employing staff or engaging consultants to assist a land trust may be paid out of the trust property of the land trust.\nAmounts to be paid to members under section 4 may be paid out of the trust property of the land trust.\n(sec.25-ssec.1) The cost of employing staff or engaging consultants to assist a land trust may be paid out of the trust property of the land trust.\n(sec.25-ssec.2) Amounts to be paid to members under section 4 may be paid out of the trust property of the land trust.","sortOrder":29},{"sectionNumber":"sec.26","sectionType":"section","heading":"Application of insurance money","content":"### sec.26 Application of insurance money\n\nAn amount received or receivable under a policy of insurance for the loss or damage to trust property held, owned or leased by a land trust is part of the capital of the trust property.\nThe whole or a part of the amount received or receivable may also be applied by the land trust (and must be applied if ordered by the Supreme Court) in rebuilding, reinstating, replacing or repairing the property lost or damaged.\n(sec.26-ssec.1) An amount received or receivable under a policy of insurance for the loss or damage to trust property held, owned or leased by a land trust is part of the capital of the trust property.\n(sec.26-ssec.2) The whole or a part of the amount received or receivable may also be applied by the land trust (and must be applied if ordered by the Supreme Court) in rebuilding, reinstating, replacing or repairing the property lost or damaged.","sortOrder":30},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Accounts, annual financial statements and audit requirements","content":"## Accounts, annual financial statements and audit requirements","sortOrder":31},{"sectionNumber":"sec.27","sectionType":"section","heading":"Accounts","content":"### sec.27 Accounts\n\nA land trust must establish the accounts necessary or convenient for its operation as a land trust.\nThe land trust must ensure its accounts are kept properly.\n(sec.27-ssec.1) A land trust must establish the accounts necessary or convenient for its operation as a land trust.\n(sec.27-ssec.2) The land trust must ensure its accounts are kept properly.","sortOrder":32},{"sectionNumber":"sec.28","sectionType":"section","heading":"Annual financial statement","content":"### sec.28 Annual financial statement\n\nA land trust must, by 30 September each year, prepare and adopt an annual financial statement for the financial year most recently ended, if the land trust’s total income from all sources for that financial year is more than $20000.\nIf a land trust prepares and adopts an annual financial statement under subsection (1) , the land trust must, by 31 December in the year it is adopted, give the chief executive—\na copy of the statement; and\na declaration, in the approved form, about the financial operation of the land trust for the financial year.\nEach annual financial statement prepared under this section must include the following—\na balance sheet;\na profit and loss statement;\nother information or documents the land trust considers relevant to the financial operation of the land trust.\n(sec.28-ssec.1) A land trust must, by 30 September each year, prepare and adopt an annual financial statement for the financial year most recently ended, if the land trust’s total income from all sources for that financial year is more than $20000.\n(sec.28-ssec.2) If a land trust prepares and adopts an annual financial statement under subsection (1) , the land trust must, by 31 December in the year it is adopted, give the chief executive— a copy of the statement; and a declaration, in the approved form, about the financial operation of the land trust for the financial year.\n(sec.28-ssec.3) Each annual financial statement prepared under this section must include the following— a balance sheet; a profit and loss statement; other information or documents the land trust considers relevant to the financial operation of the land trust.\n- (a) a copy of the statement; and\n- (b) a declaration, in the approved form, about the financial operation of the land trust for the financial year.\n- (a) a balance sheet;\n- (b) a profit and loss statement;\n- (c) other information or documents the land trust considers relevant to the financial operation of the land trust.","sortOrder":33},{"sectionNumber":"sec.29","sectionType":"section","heading":"Audit requirements","content":"### sec.29 Audit requirements\n\nA land trust must have its accounts audited for each financial year by a person who is—\na member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or\na member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or\na member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’; or\na person approved in writing by the chief executive as having the necessary skills and experience for conducting the audit.\nThe land trust must ensure the audit is completed, and it receives the audit report, by 30 November in the financial year after the financial year for which the accounts are audited.\nThe land trust must give the chief executive a copy of the audit report by 31 December in the financial year after the financial year for which the accounts are audited.\nDespite subsections (1) to (3) , a land trust is not required to have its accounts audited for a financial year if the land trust’s total income from all sources for the financial year is not more than $20000.\ns 29 amd 2011 SL No. 190 s 25\n(sec.29-ssec.1) A land trust must have its accounts audited for each financial year by a person who is— a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or a member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or a member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’; or a person approved in writing by the chief executive as having the necessary skills and experience for conducting the audit.\n(sec.29-ssec.2) The land trust must ensure the audit is completed, and it receives the audit report, by 30 November in the financial year after the financial year for which the accounts are audited.\n(sec.29-ssec.3) The land trust must give the chief executive a copy of the audit report by 31 December in the financial year after the financial year for which the accounts are audited.\n(sec.29-ssec.4) Despite subsections (1) to (3) , a land trust is not required to have its accounts audited for a financial year if the land trust’s total income from all sources for the financial year is not more than $20000.\n- (a) a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or\n- (b) a member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or\n- (c) a member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’; or\n- (d) a person approved in writing by the chief executive as having the necessary skills and experience for conducting the audit.","sortOrder":34},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"General meetings","content":"## General meetings","sortOrder":35},{"sectionNumber":"sec.30","sectionType":"section","heading":"Holding of general meetings","content":"### sec.30 Holding of general meetings\n\nA land trust must hold an annual general meeting as soon as practicable after the end of each financial year.\nHowever, a land trust need not hold a meeting under subsection (1) if—\nthe land trust’s total income from all sources for the financial year is not more than $20000; and\nthe land trust was not required, under its rules, to hold an election in the financial year for members of its executive committee; and\nthe executive committee of the land trust considers there are no items of business for an annual general meeting.\nA land trust may hold a special general meeting at any time.\nA general meeting must be called and held in the way required under the rules of the land trust.\nSubsection (4) is subject to section 31 .\n(sec.30-ssec.1) A land trust must hold an annual general meeting as soon as practicable after the end of each financial year.\n(sec.30-ssec.2) However, a land trust need not hold a meeting under subsection (1) if— the land trust’s total income from all sources for the financial year is not more than $20000; and the land trust was not required, under its rules, to hold an election in the financial year for members of its executive committee; and the executive committee of the land trust considers there are no items of business for an annual general meeting.\n(sec.30-ssec.3) A land trust may hold a special general meeting at any time.\n(sec.30-ssec.4) A general meeting must be called and held in the way required under the rules of the land trust.\n(sec.30-ssec.5) Subsection (4) is subject to section 31 .\n- (a) the land trust’s total income from all sources for the financial year is not more than $20000; and\n- (b) the land trust was not required, under its rules, to hold an election in the financial year for members of its executive committee; and\n- (c) the executive committee of the land trust considers there are no items of business for an annual general meeting.","sortOrder":36},{"sectionNumber":"sec.31","sectionType":"section","heading":"Chief executive may call general meeting","content":"### sec.31 Chief executive may call general meeting\n\nThis section applies if—\nat least 3 members of a land trust ask the chief executive in writing to call a general meeting of the land trust; and\nthe chief executive is satisfied—\nthe holding of the meeting is for a purpose relevant to the land trust; and\nit is appropriate in the circumstances to hold the meeting.\nThe chief executive may, by written notice given to the land trust and each member of the land trust, call a general meeting of the land trust.\nThe chief executive, or another person approved by the chief executive, is the chairperson of the meeting.\nThe quorum for the meeting is—\nthe number of members, decided by the chief executive before the meeting is held, that the chief executive considers appropriate in the circumstances; or\nif paragraph (a) does not apply—3 members.\n(sec.31-ssec.1) This section applies if— at least 3 members of a land trust ask the chief executive in writing to call a general meeting of the land trust; and the chief executive is satisfied— the holding of the meeting is for a purpose relevant to the land trust; and it is appropriate in the circumstances to hold the meeting.\n(sec.31-ssec.2) The chief executive may, by written notice given to the land trust and each member of the land trust, call a general meeting of the land trust.\n(sec.31-ssec.3) The chief executive, or another person approved by the chief executive, is the chairperson of the meeting.\n(sec.31-ssec.4) The quorum for the meeting is— the number of members, decided by the chief executive before the meeting is held, that the chief executive considers appropriate in the circumstances; or if paragraph (a) does not apply—3 members.\n- (a) at least 3 members of a land trust ask the chief executive in writing to call a general meeting of the land trust; and\n- (b) the chief executive is satisfied— (i) the holding of the meeting is for a purpose relevant to the land trust; and (ii) it is appropriate in the circumstances to hold the meeting.\n- (i) the holding of the meeting is for a purpose relevant to the land trust; and\n- (ii) it is appropriate in the circumstances to hold the meeting.\n- (i) the holding of the meeting is for a purpose relevant to the land trust; and\n- (ii) it is appropriate in the circumstances to hold the meeting.\n- (a) the number of members, decided by the chief executive before the meeting is held, that the chief executive considers appropriate in the circumstances; or\n- (b) if paragraph (a) does not apply—3 members.","sortOrder":37},{"sectionNumber":"sec.32","sectionType":"section","heading":"Material to be given to chief executive","content":"### sec.32 Material to be given to chief executive\n\nAs soon as practicable after a land trust holds an annual general meeting after the end of a financial year, it must give the chief executive—\na copy of the minutes of the meeting; and\na compliance statement for the financial year; and\nthe names and addresses of all the current members of the land trust; and\nthe name of each member of the land trust’s executive committee, and the position held by the member; and\na contact telephone number for the chairperson and secretary of the land trust; and\nthe land trust’s address for the service of documents and a contact telephone number for the land trust.\nIf, under section 30 (2) a land trust need not hold an annual general meeting after the end of a financial year, the land trust must as soon as practicable after the end of the financial year give the chief executive—\na compliance statement for the financial year; and\nthe names and addresses of all the current members of the land trust; and\nthe name of each member of the land trust’s executive committee, and the position held by the member; and\na contact telephone number for the chairperson and secretary of the land trust; and\nthe land trust’s address for the service of documents and a contact telephone number for the land trust.\nIn this section—\ncompliance statement , for a financial year, means a statement in the approved form about a land trust’s compliance in the financial year with the obligations imposed on it under the Act and the rules of the land trust.\n(sec.32-ssec.1) As soon as practicable after a land trust holds an annual general meeting after the end of a financial year, it must give the chief executive— a copy of the minutes of the meeting; and a compliance statement for the financial year; and the names and addresses of all the current members of the land trust; and the name of each member of the land trust’s executive committee, and the position held by the member; and a contact telephone number for the chairperson and secretary of the land trust; and the land trust’s address for the service of documents and a contact telephone number for the land trust.\n(sec.32-ssec.2) If, under section 30 (2) a land trust need not hold an annual general meeting after the end of a financial year, the land trust must as soon as practicable after the end of the financial year give the chief executive— a compliance statement for the financial year; and the names and addresses of all the current members of the land trust; and the name of each member of the land trust’s executive committee, and the position held by the member; and a contact telephone number for the chairperson and secretary of the land trust; and the land trust’s address for the service of documents and a contact telephone number for the land trust.\n(sec.32-ssec.3) In this section— compliance statement , for a financial year, means a statement in the approved form about a land trust’s compliance in the financial year with the obligations imposed on it under the Act and the rules of the land trust.\n- (a) a copy of the minutes of the meeting; and\n- (b) a compliance statement for the financial year; and\n- (c) the names and addresses of all the current members of the land trust; and\n- (d) the name of each member of the land trust’s executive committee, and the position held by the member; and\n- (e) a contact telephone number for the chairperson and secretary of the land trust; and\n- (f) the land trust’s address for the service of documents and a contact telephone number for the land trust.\n- (a) a compliance statement for the financial year; and\n- (b) the names and addresses of all the current members of the land trust; and\n- (c) the name of each member of the land trust’s executive committee, and the position held by the member; and\n- (d) a contact telephone number for the chairperson and secretary of the land trust; and\n- (e) the land trust’s address for the service of documents and a contact telephone number for the land trust.","sortOrder":38},{"sectionNumber":"sec.33","sectionType":"section","heading":"Land trust to keep minutes of meeting","content":"### sec.33 Land trust to keep minutes of meeting\n\nA land trust must keep minutes of its general meetings.","sortOrder":39},{"sectionNumber":"pt.3","sectionType":"part","heading":null,"content":"","sortOrder":40},{"sectionNumber":"sec.34","sectionType":"section","heading":null,"content":"### Section sec.34\n\ns 34 om 2014 Act No. 45 s 55","sortOrder":41},{"sectionNumber":"pt.4","sectionType":"part","heading":"Mining royalties","content":"# Mining royalties","sortOrder":42},{"sectionNumber":"sec.35","sectionType":"section","heading":"Prescribed percentage— Act , s 152","content":"### sec.35 Prescribed percentage— Act , s 152\n\nFor section 152 (2) of the Act , the percentage of the royalty amount received in a financial year is—\n100% of each $1 of the royalty amount up to and including, but not more than, the threshold amount for paragraph (a) ; and\n50% of each $1 of the royalty amount that is more than the threshold amount for paragraph (a) but not more than the threshold amount for paragraph (b) ; and\n33.32% of each $1 of the royalty amount that is more than the threshold amount for paragraph (b) but not more than the threshold amount for paragraph (c) ; and\n20% of each $1 of the royalty amount that is more than the threshold amount for paragraph (c) but not more than the threshold amount for paragraph (d) ; and\n10% of each $1 of the royalty amount that is more than the threshold amount for paragraph (d) .\nIn this section—\nconsumer price index means the all groups consumer price index for Brisbane published by the Australian Statistician.\nthreshold amount —\nfor the financial year ending 30 June 2011—\nfor paragraph (a) , means $100000; and\nfor paragraph (b) , means $200000; and\nfor paragraph (c) , means $500000; and\nfor paragraph (d) , means $1000000; and\nfor a later financial year—for paragraphs (a) , (b) , (c) and (d) , means the threshold amount for the particular paragraph for the financial year immediately preceding the later financial year (the previous financial year ) increased by the consumer price index for the previous financial year.\n(sec.35-ssec.1) For section 152 (2) of the Act , the percentage of the royalty amount received in a financial year is— 100% of each $1 of the royalty amount up to and including, but not more than, the threshold amount for paragraph (a) ; and 50% of each $1 of the royalty amount that is more than the threshold amount for paragraph (a) but not more than the threshold amount for paragraph (b) ; and 33.32% of each $1 of the royalty amount that is more than the threshold amount for paragraph (b) but not more than the threshold amount for paragraph (c) ; and 20% of each $1 of the royalty amount that is more than the threshold amount for paragraph (c) but not more than the threshold amount for paragraph (d) ; and 10% of each $1 of the royalty amount that is more than the threshold amount for paragraph (d) .\n(sec.35-ssec.2) In this section— consumer price index means the all groups consumer price index for Brisbane published by the Australian Statistician. threshold amount — for the financial year ending 30 June 2011— for paragraph (a) , means $100000; and for paragraph (b) , means $200000; and for paragraph (c) , means $500000; and for paragraph (d) , means $1000000; and for a later financial year—for paragraphs (a) , (b) , (c) and (d) , means the threshold amount for the particular paragraph for the financial year immediately preceding the later financial year (the previous financial year ) increased by the consumer price index for the previous financial year.\n- (a) 100% of each $1 of the royalty amount up to and including, but not more than, the threshold amount for paragraph (a) ; and\n- (b) 50% of each $1 of the royalty amount that is more than the threshold amount for paragraph (a) but not more than the threshold amount for paragraph (b) ; and\n- (c) 33.32% of each $1 of the royalty amount that is more than the threshold amount for paragraph (b) but not more than the threshold amount for paragraph (c) ; and\n- (d) 20% of each $1 of the royalty amount that is more than the threshold amount for paragraph (c) but not more than the threshold amount for paragraph (d) ; and\n- (e) 10% of each $1 of the royalty amount that is more than the threshold amount for paragraph (d) .\n- (a) for the financial year ending 30 June 2011— (i) for paragraph (a) , means $100000; and (ii) for paragraph (b) , means $200000; and (iii) for paragraph (c) , means $500000; and (iv) for paragraph (d) , means $1000000; and\n- (i) for paragraph (a) , means $100000; and\n- (ii) for paragraph (b) , means $200000; and\n- (iii) for paragraph (c) , means $500000; and\n- (iv) for paragraph (d) , means $1000000; and\n- (b) for a later financial year—for paragraphs (a) , (b) , (c) and (d) , means the threshold amount for the particular paragraph for the financial year immediately preceding the later financial year (the previous financial year ) increased by the consumer price index for the previous financial year.\n- (i) for paragraph (a) , means $100000; and\n- (ii) for paragraph (b) , means $200000; and\n- (iii) for paragraph (c) , means $500000; and\n- (iv) for paragraph (d) , means $1000000; and","sortOrder":43},{"sectionNumber":"pt.4A","sectionType":"part","heading":null,"content":"","sortOrder":44},{"sectionNumber":"sec.35A","sectionType":"section","heading":null,"content":"### Section sec.35A\n\ns 35A ins 2013 SL No. 223 s 3\nom 2019 Act No. 17 s 100","sortOrder":45},{"sectionNumber":"pt.4B","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":46},{"sectionNumber":"sec.35B","sectionType":"section","heading":"Land for model freehold schedule","content":"### sec.35B Land for model freehold schedule\n\nFor section 28D (4) of the Act , freehold option land for which there is an interest holder on the commencement of this section is prescribed as a type of freehold option land.\ns 35B ins 2014 Act No. 45 s 56","sortOrder":47},{"sectionNumber":"pt.5","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":48},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":49},{"sectionNumber":"sec.36","sectionType":"section","heading":"Repeal","content":"### sec.36 Repeal\n\nThe Torres Strait Islander Land Regulation 1991 , SL No. 219 is repealed.","sortOrder":50},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Transitional provisions","content":"## Transitional provisions","sortOrder":51},{"sectionNumber":"sec.37","sectionType":"section","heading":"Members of executive committee continue in office","content":"### sec.37 Members of executive committee continue in office\n\nThis section applies to a person who is the chairperson, deputy chairperson, secretary or other office holder on the executive committee of a land trust immediately before the commencement of this section.\nOn the commencement, the person continues as the chairperson, deputy chairperson, secretary or other office holder on the executive committee of the land trust.\n(sec.37-ssec.1) This section applies to a person who is the chairperson, deputy chairperson, secretary or other office holder on the executive committee of a land trust immediately before the commencement of this section.\n(sec.37-ssec.2) On the commencement, the person continues as the chairperson, deputy chairperson, secretary or other office holder on the executive committee of the land trust.","sortOrder":52},{"sectionNumber":"sec.38","sectionType":"section","heading":"Land trust’s adopted rules continue","content":"### sec.38 Land trust’s adopted rules continue\n\nThis section applies to a land trust in existence immediately before the commencement of this section.\nThe rules of the land trust adopted under the repealed Torres Strait Islander Land Regulation 1991 , and in force immediately before the commencement, are taken to be the land trust’s adopted rules under this regulation.\n(sec.38-ssec.1) This section applies to a land trust in existence immediately before the commencement of this section.\n(sec.38-ssec.2) The rules of the land trust adopted under the repealed Torres Strait Islander Land Regulation 1991 , and in force immediately before the commencement, are taken to be the land trust’s adopted rules under this regulation.","sortOrder":53}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulation repeals the 1991 Torres Strait Islander Land Regulation (s 36) and re‑establishes governance, financial and royalty rules while preserving incumbent officeholders and existing adopted rules (ss 37–38). It adds explicit income thresholds ($20,000) triggering elections, reporting and audit obligations (ss 20, 28–29) and prescribes a tiered, CPI‑indexed royalty distribution formula (s 35), so the instrument updates procedural detail and financial triggers compared with the earlier instrument."},"complexity_factors":["Administrative and procedural focus rather than novel legal concepts (rules for meetings, proxies, minutes).","Several cross-references to other law and executive discretion (the Act, Trusts Act 1973, chief executive powers).","Numeric thresholds and CPI escalation for royalty bands (s 35) introduce calculational complexity.","Income-based conditional duties (elections, financial statements, audits) create compliance checkpoints (ss 20, 28–29).","Liability, indemnity and immunity rules for members (ss 5–6) require careful interpretation in disputes.","Transitional provisions and repeal of prior regulation preserve continuity but require attention to legacy arrangements (ss 36–38)."],"plain_english_summary":"This regulation prescribes how Torres Strait Islander land trusts must be run: governance (membership, executive offices, meetings and proxies), financial management (accounts, investments, audits) and trust property powers, plus a formula for sharing mining royalties. It affects land trust members, the Torres Strait Islanders they serve and the trusts’ counterparties. Trusts fund member expenses and staff from trust property (ss 4, 25), must keep accounts and meet audit/reporting triggers at $20,000 income (ss 27–29), and are subject to chief executive powers to call meetings (s 31) and prescribed royalty tiers (s 35)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation appears to maintain its original scope as an operational framework for Torres Strait Islander land trusts. While it includes detailed administrative requirements (financial reporting, meeting procedures, royalty calculations), these are consistent with the original purpose of ensuring proper governance of communal land holdings. The 2011 version replaced the 1991 regulation with updated administrative requirements but did not fundamentally expand beyond the original intent of regulating land trust operations."},"complexity_factors":["Moderate length with 38 sections plus a dictionary (not shown in extract)","Multiple cross-references to the parent Act (Torres Strait Islander Land Act 1991) without full context","Nested conditional logic in financial thresholds ($20,000 income triggers multiple obligations)","Tiered percentage calculations for mining royalties with CPI indexation","Several 'unless' and 'despite' clauses creating exceptions to general rules","Dual pathways for compliance reporting depending on whether annual general meeting is held","Amendment history visible in text (sections marked as 'omitted' or 'inserted') creating fragmentation"],"plain_english_summary":"This regulation sets out the operational rules for **land trusts** that hold land for Torres Strait Islander communities in Queensland.\n\n**What it does:**\n- **Protects volunteer members**: Members of land trusts can claim back reasonable expenses, are protected from personal liability when acting honestly and without negligence, and are indemnified (financially protected) by the trust against legal claims.\n- **Sets up governance rules**: Land trusts must adopt written rules covering how they make decisions, hold meetings, manage money, and resolve disputes. These rules must include provisions for an executive committee (chairperson, deputy, secretary), financial controls, and record-keeping.\n- **Manages trust property**: Land trusts hold land and money for the benefit of Torres Strait Islanders. They can invest funds according to Queensland's Trusts Act 1973, use money to pay staff and member expenses, and must handle insurance payouts properly.\n- **Requires financial accountability**: Trusts earning more than $20,000 per year must prepare annual financial statements, have their accounts audited by qualified accountants, and submit reports to the government's chief executive.\n- **Governs meetings**: Trusts must hold annual general meetings (unless income is low and there's no business to discuss), keep minutes, and report member details to the government. The chief executive can call special meetings if at least three members request it.\n- **Allows proxy voting**: Members can appoint proxies to vote on their behalf at meetings, with specific rules about who can be a proxy and how they count toward meeting quorums.\n- **Calculates mining royalties**: Sets a sliding scale for how much of mining royalties received by the trust must be paid to the Queensland government (ranging from 100% of the first $100,000 down to 10% of amounts over $1 million, with thresholds adjusted for inflation).\n\n**Who it affects:**\n- Torres Strait Islander land trusts and their members\n- Torres Strait Islander communities who benefit from trust-held land\n- The Queensland government (chief executive) who oversees compliance\n\n**Why it matters:**\nThis regulation ensures that land held for Torres Strait Islander communities is managed transparently, responsibly, and for the benefit of the community rather than individual profit. It balances community self-determination with government oversight to prevent mismanagement or corruption."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation closely tracks its stated purpose of implementing operational rules for Torres Strait Islander land trusts under the parent Act. Amendments (2013, 2014, 2019) refined rather than expanded the scope — removing some provisions and adding the freehold option land prescription. The mining royalty provisions and governance framework were core to the original intent and remain so."},"complexity_factors":["Multiple interlocking obligations with different thresholds (e.g., $20,000 income trigger applies differently across meetings, audits, and elections)","Tiered mining royalty formula with CPI-indexed thresholds requires ongoing calculation","Cross-references to external legislation (Trusts Act 1973, parent Act) that cannot be understood in isolation","Proxy voting rules with nuanced quorum counting scenarios","Distinction between general meetings, executive committee meetings, and special general meetings each with different rules","Amended sections (some omitted) create gaps in numbering that can confuse readers","Dual reporting pathways depending on whether an AGM was held or not","Specialist trust law concepts (indemnity, capital vs income, securities) embedded throughout"],"plain_english_summary":"The Torres Strait Islander Land Regulation 2011 prescribes how land trusts—bodies that hold and manage community-owned land—must operate, who can serve, and how trust property and money are used. It affects Torres Strait Islander communities, trust members, and government officials by setting governance, meeting, proxy, indemnity, and investment rules.\n\nIt also tiers financial obligations by income, requires reporting and audits for larger trusts, controls royalty sharing on mined trust land with a sliding-scale payout, and enables government oversight."}},"importantCases":[],"_links":{"self":"/api/acts/torres-strait-islander-land-regulation-2011","history":"/api/acts/torres-strait-islander-land-regulation-2011/history","analysis":"/api/acts/torres-strait-islander-land-regulation-2011/analysis","conflicts":"/api/acts/torres-strait-islander-land-regulation-2011/conflicts","importantCases":"/api/acts/torres-strait-islander-land-regulation-2011/important-cases","documents":"/api/acts/torres-strait-islander-land-regulation-2011/documents"}}