64Debits from the Account

#### 64 Debits from the Account (1) There must be debited from the Account from time to time, and paid by the Commonwealth for distribution between or among the Land Councils such amounts as the Minister determines having regard to the following in relation to each Land Council: (a) the most recent estimates approved by the Minister under section 34; (b) the most recent amounts notified to the Minister under subsection 34(1A); (c) any surplus specified in the most recent financial statements given under paragraph 42(1)(b) of the Public Governance, Performance and Accountability Act 2013. (3) Subject to subsections (3A) and (3B), there must be debited from the Account and paid by the Commonwealth, from time to time, to each Land Council in the area of which a mining interest referred to in subsection 63(1) is situated, or mining operations referred to in subsection 63(4) are being carried on, an amount equal to 30% of any amounts: (a) credited to the Account in accordance with subsection 63(1) in respect of that mining interest; or (b) credited to the Account in accordance with subsection 63(4) in respect of those mining operations; as the case may be. (3A) If an amount (the debit amount) that would otherwise be required to be debited from the Account under subsection (3) and paid to a Land Council in respect of a mining interest or mining operations (as the case may be) is higher than the amount that would be debited having regard to: (a) an amount paid on account of royalties in respect of the mining interest being higher than the royalties that are later assessed were payable in respect of that mining interest; or (b) an amount that is credited to the Account in purported compliance with subsection 63(4) in respect of the mining operations being higher than the amount that is later determined was required to be credited under that subsection; then the Minister may reduce the debit amount by the amount of the excess. (3B) If: (a) an amount was debited from the Account under subsection (3) and paid to a Land Council in respect of a mining interest or mining operations (as the case may be); and (b) that amount is higher than the amount that would have been debited having regard to either of the following: (i) an amount paid on account of royalties in respect of the mining interest being higher than the royalties that are later assessed were payable in respect of that mining interest; (ii) an amount that is credited to the Account in purported compliance with subsection 63(4) in respect of the mining operations being higher than the amount that is later determined was required to be credited under that subsection; then the Minister may offset the whole or part of the excess against the whole or part of one or more future amounts otherwise required to be debited from the Account under subsection (3) and paid to that Land Council in respect of that mining interest or mining operations (as the case requires). (3C) If an amount is reduced under subsection (3A), or offset under subsection (3B), the Minister may reduce (whether by way of a single reduction or a series of reductions) the amount standing to the credit of the Account by an amount not greater than: (a) if paragraph (3A)(a) or subparagraph (3B)(b)(i) applies—the difference between the amount paid on account of royalties in respect of the mining interest and the amount of royalties that are later assessed were payable in respect of the mining interest; or (b) if paragraph (3A)(b) or subparagraph (3B)(b)(ii) applies—the difference between the amount that was credited to the Account in purported compliance with subsection 63(4) in respect of the mining operations and the amount that is later determined was required to be credited under that subsection in respect of the mining operations. (4) There must be debited from the Account and paid by the Commonwealth such other amounts as the Minister directs to be paid or applied to or for the benefit of Aboriginals living in the Northern Territory. (4A) There must be debited from the Account and paid by the Commonwealth such other amounts as the Minister directs to be paid in relation to: (aa) the acquiring of a lease by the Commonwealth if the Minister has agreed to a request under subsection 19(3A) or 20CA(2) in relation to the lease; or (ab) the administering of a lease covered by paragraph (aa) if the Executive Director entered into the lease on behalf of the Commonwealth; or (ac) the acquiring of a sublease by the Commonwealth if the Minister has agreed to a request under subsection 20CA(2) in relation to the sublease; or (ad) the administering of a sublease covered by paragraph (ac) if the Executive Director entered into the sublease on behalf of the Commonwealth; or (ae) the acquiring of a sublease by an Aboriginal and Torres Strait Islander corporation by way of transfer under subsection 20CB(1); or (af) the administering of a sublease covered by paragraph (ae) if an Aboriginal and Torres Strait Islander corporation holds the sublease; or (ag) the acquiring of a sublease by the Commonwealth by way of transfer under subsection 20CB(2); or (ah) the administering of a sublease covered by paragraph (ag) if the Executive Director holds the sublease on behalf of the Commonwealth; or (a) the acquiring of leases by, or the administering of leases granted or transferred to, approved entities under section 19A; or (b) the payment of amounts under leases granted or transferred to approved entities under section 19A. (4B) In giving a direction to which paragraph (4A)(a) or (b) applies, the Minister must have regard to the most recent estimates approved by the Minister under subsection 19B(1) in relation to each approved entity. (5) A payment of an amount debited from the Account under subsection (4) may be by way of a loan (whether secured or unsecured) by the Commonwealth. (5A) The Minister may, by notice in writing, specify conditions on which a payment of an amount to a person under subsection (4) (including by way of a loan) is made. The notice is not a legislative instrument. (5B) If a condition on which a payment of an amount to a person under subsection (4) is made is breached, the Minister, on behalf of the Commonwealth, may: (a) if the payment is by way of a loan—recover so much of the loan as has not been repaid, and any accrued interest that has not been paid, as a debt in a court of competent jurisdiction; or (b) in any other case—recover the whole or a part of the amount as a debt in a court of competent jurisdiction. (6) There must be debited from the Account and paid by the Commonwealth such amounts to meet the expenses of administering the Account as the Minister directs. (7) Amounts that the Minister directs to be debited from the Account under subsection (4), (4A) or (6) must be paid or applied in accordance with the direction.