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

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.