4Definitions

#### 4 Definitions 4 Definitions > > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— > > > > Aboriginal Land Council means the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council. > > > > Aboriginal owners of land means the Aboriginal persons whose names are entered on the Register of Aboriginal Owners because of the persons’ cultural association with particular land. > > > > Note. > > > > An Aboriginal person’s name and other relevant information is entered in the Register of Aboriginal Owners. > > > > Aboriginal person means a person who— > > > > > (a) is a member of the Aboriginal race of Australia, and > > > > > (b) identifies as an Aboriginal person, and > > > > > (c) is accepted by the Aboriginal community as an Aboriginal person. > > > > adult Aboriginal person means an Aboriginal person who has attained the age of 18 years. > > > > Board means a Board of a Local Aboriginal Land Council. > > > > Board member means a member of a Board of a Local Aboriginal Land Council. > > > > code of conduct means the code of conduct that applies to an Aboriginal Land Council by the operation of this Act. > > > > Commonwealth Native Title Act or NTA means the [Native Title Act 1993](http://www.legislation.gov.au/) of the Commonwealth. > > > > community benefit means a benefit or service provided for the benefit of Aboriginal persons, and may include, but is not limited to, the following— > > > > > (a) funeral funds, > > > > > (b) residential accommodation, > > > > > (c) education and training, > > > > > (d) scholarships and other assistance for education and training, > > > > > (e) cultural activities, > > > > > (f) child care, > > > > > (g) aged care services. > > > > community benefits scheme means a scheme for the provision of community benefits funded wholly or in part by an Aboriginal Land Council. > > > > community development levy means the levy payable under Division 4A of Part 2. > > > > community, land and business plan means a plan prepared and approved under Division 6 of Part 5 or Division 5 of Part 7. > > > > compliance direction means a direction issued by the Registrar under Part 12. > > > > councillor means a member of the New South Wales Aboriginal Land Council. > > > > Court means the Land and Environment Court. > > > > investigator means a person appointed under section 216 to investigate the affairs, or specified affairs, of an Aboriginal Land Council. > > > > land includes any estate or interest in land, whether legal or equitable. > > > > land claim means a claim for land made under section 36. > > > > Local Aboriginal Land Council means a Local Aboriginal Land Council constituted under this Act. > > > > Local Aboriginal Land Council area means a Local Aboriginal Land Council area constituted under this Act. > > > > native title or native title rights and interests has the same meaning as in the Commonwealth Native Title Act. > > > > New South Wales Aboriginal Land Council means the New South Wales Aboriginal Land Council constituted under this Act. > > > > non-voting member, of a Local Aboriginal Land Council, means a member of that Council who does not have voting rights in relation to that Council. > > > > NPW Act means the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080). > > > > officer of an Aboriginal Land Council means— > > > > > (a) in relation to a Local Aboriginal Land Council, a Board member of the Council, or > > > > > (b) in relation to the New South Wales Aboriginal Land Council, a councillor. > > > > records includes any of the following (whether in a written or electronic form)— > > > > > (a) financial statements (including statements or lists of assets or liabilities), > > > > > (b) bank statements or other authorised deposit-taking institution statements, > > > > > (c) membership rolls, > > > > > (d) voting rolls, > > > > > (e) minutes of meetings, > > > > > (f) attendance lists of meetings, > > > > > (g) leases, contracts and other documents relating to arrangements to which an Aboriginal Land Council is a party. > > > > Region means a Region specified in Schedule 5. > > > > Register of Aboriginal Land Claims means the Register of Aboriginal Land Claims established under Division 2 of Part 9. > > > > Register of Aboriginal Owners means the Register of Aboriginal Owners established under Division 3 of Part 9. > > > > Registrar means the Registrar appointed under this Act. > > > > regulations means regulations made under this Act. > > > > relative, in relation to a person, means any of the following— > > > > > (a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person or of the person’s spouse or de facto partner, > > > > > (b) the spouse or de facto partner of the person or of a person referred to in paragraph (a). > > > > residential tenancy agreement has the same meaning as in the [Residential Tenancies Act 2010](/view/html/inforce/current/act-2010-042). > > > > rules means the rules of an Aboriginal Land Council that apply to the Council by the operation of this Act. > > > > satisfactory financial statements and documents means financial statements and documents furnished to the New South Wales Aboriginal Land Council under Division 2 of Part 8 by a Local Aboriginal Land Council that are determined by the New South Wales Aboriginal Land Council to be satisfactory in accordance with the requirements of that Division. > > > > short-term residential tenancy agreement means a residential tenancy agreement— > > > > > (a) that is a fixed term agreement (within the meaning of the [Residential Tenancies Act 2010](/view/html/inforce/current/act-2010-042)) for a term of less than 3 years (including any option to renew the agreement) or is a periodic agreement (within the meaning of that Act), and > > > > > (b) where the only parties to the agreement are a Local Aboriginal Land Council and one or more natural persons. > > > > voting member, of a Local Aboriginal Land Council, means a member of that Council who has voting rights in relation to that Council. > > > > voting rights, in relation to a Local Aboriginal Land Council, means the right of a member of the Council to vote in the elections held by, and on any matter to be decided by, the Council. > > > > Note. > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (2) A reference in this Act to— > > > > > (a) a function includes a reference to a power, authority and duty, and > > > > > (b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. > > > (3) The Chairperson of an Aboriginal Land Council may be referred to as the Chairman or Chairwoman, as the case requires. > > > (4) Notes included in this Act are explanatory notes and do not form part of this Act. > > **s 4:** Am 1986 No 18, Sch 1 (2); 1994 No 45, Sch 1; 1996 No 142, Sch 2 \[1\]; 2001 No 118, Sch 1 \[2\] \[3\]; 2006 No 111, Sch 1 \[4\]–\[11\]; 2008 No 23, Sch 3.1 \[1\] \[2\]; 2009 No 58, Sch 1 \[1\] \[2\]; 2010 No 19, Sch 3.1 \[1\]; 2010 No 59, Sch 1.1 \[1\]; 2011 No 56, Sch 1 \[1\]; 2013 No 95, Sch 1.1 \[1\]; 2014 No 75, Sch 1 \[3\]–\[7\]; 2022 No 68, Sch 3\[1\].