The Act creates the Aboriginal Land Council of Tasmania, vests listed lands in trust for Aboriginal persons, and sets up a dedicated electors roll and election system with a three‑part Aboriginality test. The Council may manage, lease and invest land and funds (but cannot mortgage land), must publish financials, and handles lease disputes under tight appeal deadlines. It protects sensitive enrolment records and preserves limited public and Crown rights over certain vested parcels—affecting Aboriginal people, prior lessees, and prospective private users.
This Act creates a statutory structure for Aboriginal land ownership and governance in Tasmania and sets out the electoral, administrative and property mechanics that implement that ownership. Mechanically it does the following (selective, source-cited):
Establishes the Aboriginal Land Council of Tasmania as a corporate body with a seal and the capacity to sue and be sued (s 5). The Council is composed of eight elected Aboriginal persons representing defined electoral areas (s 6; Schedule 1).
Creates an Aboriginal Land Electors Roll, administered by the Electoral Commissioner (s 8), with procedures for a Preliminary Roll and transfer of names to the Roll (ss 10, 10A). The Act sets the timing and publication requirements for calling nominations and conducting elections (ss 7, 12), prescribes who may vote and stand (ss 9, 13, 14), and delegates counting methods to existing Local Government Act mechanisms (s 15).
Vests specified parcels of land in the Council in trust for Aboriginal persons in perpetuity (s 27; Schedule 3). It specifies the depth and mineral rights included (s 27(2), (2A)), records public and Crown reservations and access rights in relation to particular parcels (s 27(4)-(10), (8A), (8B), (7A), (7B)), and sets out that the land is held subject to the Act (s 27(1A)).
Regulates land use: the Council may prepare and approve management plans (s 32), must involve local Aboriginal groups or persons in local management after considering set factors (s 31), and may grant leases and licences under specified rules (ss 28, 28A). Existing lessees/licensees who held an interest in the 12 months prior to vesting have a specific application right for continuance (s 28(1)-(3)), and there is an appeal route to the Commissioner for aggrieved lessees (s 29).
Current sections
Direct links to the current provisions in Aboriginal Lands Act 1995.
burdening rights, in relation to land, includes rights, conditions or covenants relating to that land, whether registered or unregistered, legal or registrable, created or implied or existing or capable of existing;
Cape Barren Island group means Cape Barren Island, Long Island, Preservation Island, Passage Island, Forsyth Island, Clarke Island, Badger Island and Mount Chappell Island;
certificate of election means a certificate issued under section 16(1) ;
Council means the Aboriginal Land Council of Tasmania established under section 5 ;
estate, in relation to land, includes all easements, licences, leases, rights of occupation or possession, habitual access or other burdening rights relating to that land;
Flinders Island group means Flinders Island and all islands, except Long Island, Badger Island and Mount Chappell Island, to the north of Cape Barren Island in the Flinders municipal area;
local Aboriginal group, in relation to an area of Aboriginal land, means an Aboriginal group nominated by the Council for that area;
north region means that part of the State comprising the city of Launceston and the municipal areas of Break O'Day, Dorset, George Town, Meander Valley, Northern Midlands and West Tamar;
north-west region means that part of the State comprising the cities of Burnie and Devonport and the municipal areas of Central Coast, Circular Head, Kentish, King Island, Latrobe, Waratah-Wynyard and West Coast;
regulations means regulations made under this Act;
[Section 3 Amended by No. 1 of 2005, s. 4, Applied:12 Apr 2005]reserved road means a road (however described) which has been reserved in a land grant or a folio of the Register of title or by the exercise of a power of reservation conferred by or under an Act;
Roll means the Aboriginal Land Council of Tasmania Electors Roll prepared and maintained under section 8 ;
[Section 3 Amended by No. 25 of 2005, s. 4, Applied:21 Jul 2005]south region means that part of the State comprising the cities of Hobart, Clarence and Glenorchy and the municipal areas of Brighton, Central Highlands, Derwent Valley, Glamorgan-Spring Bay, Huon Valley, Kingborough, Sorell, Southern Midlands and Tasman.
(1) An Aboriginal person is a person who satisfies all of the following requirements:
(a) Aboriginal ancestry;
(b) self-identification as an Aboriginal person;
(c) communal recognition by members of the Aboriginal community.
(2) The onus of proving that a person satisfies the requirements referred to in subsection (1) lies on that person.
4
Act binds Crown
4 Act binds Crown
This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
Part 2
Aboriginal Land Council of Tasmania
Part 2 Aboriginal Land Council of Tasmania
Division 1
Establishment and constitution of Council
Division 1 Establishment and constitution of Council
5
Establishment of Council
5 Establishment of Council
(1) The Aboriginal Land Council of Tasmania is established.
(2) The Council –
(a) is a body corporate; and
(b) has a seal; and
(c) may sue and be sued in its corporate name.
(3) The seal is to be kept and used only as authorised by the Council.
(4) All courts and persons acting judicially must take judicial notice of the imprint of the seal on a document and presume that it was duly sealed by the Council.
6
Constitution of Council
6 Constitution of Council
(1) The Council consists of 8 Aboriginal persons of whom –
(a) 2 are to be elected by eligible electors for the south region to represent the south region; and
(b) 2 are to be elected by eligible electors for the north region to represent the north region; and
(c) 2 are to be elected by eligible electors for the north-west region to represent the north-west region; and
(d) one is to be elected by eligible electors for the Flinders Island group to represent the Flinders Island group; and
(e) one is to be elected by eligible electors for the Cape Barren Island group to represent the Cape Barren Island group.
after the date on which nominations were called for the previous election of all members of the Council.
(4) [Section 7 Subsection (4) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] The Electoral Commissioner is to call for nominations for election of members of the Council on the date determined under subsection (2) by notice published in the Gazette and in 3 daily newspapers published and circulating in the State and by such other manner as the Electoral Commissioner considers appropriate.
8
Aboriginal Land Council of Tasmania Electors Roll
8 Aboriginal Land Council of Tasmania Electors Roll
(a) prepare and maintain an Aboriginal Land Council of Tasmania Electors Roll; and
(b) include on the Roll, subject to subsection (2) , the address at which each person named on the Roll resides and indicate the electoral area in which each such person is enrolled.
(a) the person's name is entered on the State roll for an address within the electoral area in respect of which the person applies to have his or her name entered on the Roll; or
(b) the person is entitled to have his or her name entered on the State roll for an address within the electoral area in respect of which the person applies to have his or her name entered on the Roll; or
(ii) in any other year after the year 2005 in which nominations for an election of members of the Council are to be called, after the close of applications for enrolment on the Roll in the previous year in which nominations for an election of members of the Council were called and before the close of applications for enrolment on the Roll in that other year; and
(b) have been determined by the Electoral Commissioner as meeting the requirements in section 9(1)(b) and (c) .
(7) [Section 10 Subsection (7) inserted by No. 25 of 2005, s. 8, Applied:21 Jul 2005] A person who lodged an objection under this section, or a person to whom an objection related, who is aggrieved by the decision of the Electoral Commissioner may, in accordance with the Rules of the Supreme Court, appeal to the Supreme Court, within 7 days after the date on which notice was served on that person under subsection (5) , on the ground that procedures that are required by law to be observed relating to the making of the decision have not been observed.
(1) The procedures referred to in section 10(7) are not to be taken as including a requirement for the Electoral Commissioner to –
(a) divulge the existence or contents of any sensitive enrolment record to any person; or
(b) give any person an opportunity to comment on any sensitive enrolment record or its contents.
(2) A court must not, under the Judicial Review Act 2000 or otherwise, make an order impugning an enrolment decision on the ground that the Electoral Commissioner –
(a) did not divulge to a person the existence or contents of any sensitive enrolment record taken into account in making the decision; or
(b) did not give a person an opportunity to comment on any sensitive enrolment record taken into account in making the decision or on the contents of any such record.
(3) For the purposes of subsection (2) , an order of a court is taken to impugn an enrolment decision if the order –
(a) quashes the decision or sets it aside; or
(b) varies the decision; or
(c) remits the decision to the Electoral Commissioner, with or without directions, for further consideration or remaking; or
(d) contains any adverse declaration about the legality or fairness of the decision or the process by which it was arrived at; or
(e) stays or defers the implementation of the decision.
(4) This section applies to every enrolment decision made after the commencement of the Aboriginal Lands Amendment Act 2008 , even if the decision –
(a) relates to a Preliminary Roll or Roll in respect of which, immediately before that commencement, proceedings of any kind were in progress; or
(b) is in substitution for an enrolment decision made before that commencement.
(5) In this section –
enrolment decision means any decision of the Electoral Commissioner under section 10 ;
(c) applications for any form of equitable relief;
sensitive enrolment record means a record –
(a) which is provided to the Electoral Commissioner by any person for or in connection with the preparation of a Preliminary Roll or Roll; and
(b) which the Electoral Commissioner in good faith believes is regarded by that person as being a record of a personally sensitive or confidential nature.
(1) If no objection in relation to a name was lodged with the Electoral Commissioner in accordance with section 10 , the Electoral Commissioner is to transfer the name from the Preliminary Roll to the Roll.
(2) If the Electoral Commissioner has rejected an objection in relation to a name in accordance with section 10 , and no appeal has been lodged under that section in relation to that decision, the Electoral Commissioner is to transfer the name from the Preliminary Roll to the Roll.
(3) If, in relation to an appeal to the Supreme Court lodged under section 10 , the effect of the decision of the Supreme Court is that the Electoral Commissioner reconsider the objection in relation to a name, and the objection is then rejected by the Electoral Commissioner, the Electoral Commissioner is to transfer the name from the Preliminary Roll to the Roll.
(1) The Electoral Commissioner is to make the Preliminary Roll and the Roll available to the Council.
(2) The Council may use the Preliminary Roll and the Roll for any purposes related to the performance of its functions.
(3) The Electoral Commissioner may use the Preliminary Roll and the Roll for the purpose of performing any of his or her functions under this Act.
(4) The Council may provide to any person who has obtained the approval of the Council a copy of the Preliminary Roll and the Roll or any part of those Rolls in printed or electronic form.
(5) For the purposes of subsection (4) , the approval of the Council is to be in writing and is to specify the purpose for which information contained in the Preliminary Roll or the Roll may be used.
(6) A person must not make or use a copy of the Preliminary Roll or the Roll or any part of the Preliminary Roll or the Roll for any purpose other than that specified in subsection (2) or (3) or in the approval referred to in subsection (5) .
Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 6 months, or both.
(1) Elections of members of the Council are, subject to any other provisions of this Act, to be conducted in such manner as is approved by the Electoral Commissioner.
(2) Without limiting subsection (1) , the Electoral Commissioner is to fix a time and date for the purposes of determining a person's entitlement to vote at an election of members of the Council.
(3) Without limiting subsection (1) , the Electoral Commissioner is to fix a time and date for the close of nominations in respect of an election of members of the Council.
13
Who may vote
13 Who may vote
An eligible elector for an electoral area is entitled to vote at an election for a member of the Council to represent that area.
14
Who may stand for election
14 Who may stand for election
[Section 14 Amended by No. 25 of 2005, s. 11, Applied:21 Jul 2005] A person is not qualified to stand for election, or to be elected, as a member of the Council to represent an electoral area unless the person's name is shown on the Roll in respect of that electoral area at the time and date fixed by the Electoral Commissioner under section 12(3) .
15
Counting of votes
15 Counting of votes
Votes cast at an election of members of the Council are to be counted in accordance with –
(4) A person may not dispute the result of an election of members of the Council on the grounds that a person is or is not entitled to vote at the election.
(a) to use and sustainably manage Aboriginal land and its natural resources for the benefit of all Aboriginal persons;
(b) to exercise, for the benefit of all Aboriginal persons, the Council's powers as owner of Aboriginal land;
(c) to prepare management plans in respect of Aboriginal land;
(d) to use and sustainably manage any other land in which the Council acquires an interest;
(e) such other functions as are imposed on it by or under this Act or any other Act.
(2) The Council must perform its functions for the benefit of all Aboriginal persons and in the interests of reconciliation with the broader Tasmanian community.
(3) In its use and management of Aboriginal land and its natural resources, the Council is to have regard to the interests of local Aboriginal communities.
(4) [Section 18 Subsection (4) amended by No. 25 of 2005, s. 12, Applied:21 Jul 2005] The Council may do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of its functions and, in particular, has power, subject to this Act, to acquire, hold, dispose of and otherwise deal with property, both real and personal.
(5) The Council may, in respect of any area of Aboriginal land, nominate a local Aboriginal group for that area.
(6) [Section 18 Subsection (6) amended by No. 25 of 2005, s. 12, Applied:21 Jul 2005] The Council may delegate any of its functions or powers in respect of the use and management of Aboriginal land or other land in which the Council acquires an interest to any Aboriginal group which, or Aboriginal person who, the Council considers appropriate.
19
Review of Council's decisions
19 Review of Council's decisions
(1) If the Council receives a request which complies with subsection (2) to review a decision made by it in respect of –
(a) the involvement of local Aboriginal groups or persons in the management of Aboriginal land; or
(b) the granting of an interest which did not exist at the commencement of this Act in Aboriginal land to any person; or
(2) The request referred to in subsection (1) must be signed by 50 Aboriginal persons who would be eligible to vote at an election for members of the Council if such an election was held at the date of the request and must contain the names and addresses in a legible form of those persons.
(3) The Council must review its decision within 28 days from the date on which it received a request.
(4) After the Council has reviewed its decision, it must give to each person who signed the request the result, in writing, of its review and the reasons for its decision on the review.
Division 4
Staff
Division 4 Staff
20
Staff
20 Staff
(1) The Council may employ such persons as it considers necessary to enable it to perform its functions.
(2) Subject to any relevant award, industrial agreement or enterprise agreement, the terms and conditions of persons employed under subsection (1) are as determined by the Council.
(1) There is established a fund to be known as the Aboriginal Land Council of Tasmania Fund.
(2) The Fund consists of –
(a) money derived by the Council from leases and licences issued under this Act in respect of any Aboriginal land; and
(b) money provided by the Parliament of the Commonwealth or the State for the purposes of the Council; and
(c) other money received from any other source by the Council.
(3) The Fund is to be administered by the Council.
22
Application of Fund
22 Application of Fund
Money in the Fund is to be applied –
(a) in the payment or discharge of the expenses, charges and obligations incurred or undertaken by the Council in the performance of its functions and the exercise of its powers; and
(b) in the payment of any remuneration payable under this Act.
(2) The Council must pay any money received by it into the account referred to in subsection (1) .
(3) Payment of money into the account referred to in subsection (1) is taken to be a payment of money into the Aboriginal Land Council of Tasmania Fund.
24
Temporary investment of funds
24 Temporary investment of funds
The Council may invest any money that it is holding and for which it has no immediate use in any manner in which trustees are authorised to invest trust funds under the Trustee Act 1898 .
(1) The Council is to prepare and forward to the Auditor-General a copy of its financial statements for each financial year in accordance with the Audit Act 2008 .
(2) If requested by an Aboriginal person, the Council must make its financial statements available to that person for inspection.
(b) of altering, amending, cleansing or repairing those drains, sewers and waterways.
(5) There is reserved to the public during daylight hours over the land referred to in item 11 of Schedule 3 a right of access as specified in Plan 3466 in the Central Plan Register except when a significant Aboriginal cultural event is being held on that land.
(6) There is included with the areas of land referred to in items 5, 6 and 7 of Schedule 3 a right of access on foot over any Crown land between each of those areas and the nearest point of public access.
(7) There is reserved to the public at all times a right of access over the land referred to in items 1 and 2 of Schedule 3 as specified in Plans 3468 and 3467 in the Central Plan Register.
(8A) [Section 27 Subsection (8A) inserted by No. 1 of 2005, s. 5, Applied:12 Apr 2005] There is reserved to the public at all times, in relation to the land referred to in item 2 of Schedule 3 , a right of pedestrian access over the area of land 15 metres wide immediately above the high-water mark except that area of land between points A and D shown as being on the high-water mark in Plan 3467 in the Central Plan Register.
(c) a right of pedestrian access over the area of land 15 metres wide immediately above the high-water mark except those areas of land shown as hatched on Plan 6457 in the Central Plan Register; and
(d) a right of pedestrian access over those areas of land shown as hatched on Plan 6457 in the Central Plan Register.
(9) There is reserved to the Crown a right to construct and fence a road over the land referred to in item 11 of Schedule 3 as specified in Plan 3466 in the Central Plan Register and to carry out any preliminary investigation relating to the construction of a road on that land.
(10) If the Crown exercises the right to construct and fence a road over the land referred to in subsection (9) –
(a) no compensation is payable to the Council; and
(b) the road, as constructed and fenced, becomes a highway, within the meaning of the Highways Act 1951 , and a road, within the meaning of the Roads and Jetties Act 1935 , and forms part of the East Derwent Highway.
28
Existing leases and licences
28 Existing leases and licences
(1) If any land vested in the Council by section 27(1) was, in the 12 month period before the vesting, subject to a lease or licence and the lease or licence expires by effluxion of time, the lessee or licensee may apply to the Council for further leases or licences at a rent and on terms and conditions to be agreed between the Council and the lessee or licensee.
(2) In determining whether to grant a further lease or licence, and the terms and conditions of any further lease or licence, the Council must give effect to the guidelines prescribed in the regulations.
(3) Notwithstanding section 19 , a person who is aggrieved by a decision of the Council in relation to the granting of a further lease or licence may request the Council to review its decision.
(4) A lease in respect of Aboriginal land which is for a period exceeding 3 years is to be registered under the Land Titles Act 1980 .
(5) If a lease for a period exceeding 3 years existed at the commencement of this Act in respect of land which became Aboriginal land on that commencement and that lease was not in a form to enable it to be registered under the Land Titles Act 1980 , section 28 of that Act applies as if the lease were an instrument registered under the Registration of Deeds Act 1935 .
(1) The Council may grant a lease or licence of or in respect of any Aboriginal land and other land acquired by the Council other than land which is leased or licensed pursuant to section 28 .
(c) to refuse to grant a further lease or licence–
may appeal to the Commissioner within 14 days after the day on which the person is notified of the Council's decision on a review under section 28(3) .
Council precluded from mortgaging, &c., Aboriginal land
30 Council precluded from mortgaging, &c., Aboriginal land
The Council must not mortgage Aboriginal land or use it as any form of security for any purpose.
31
Local management of certain areas
31 Local management of certain areas
(1) The Council, after considering the factors specified in subsection (2) , must involve a local Aboriginal group or a local Aboriginal person in the management of Aboriginal land.
(2) The factors which the Council is to consider in deciding which local Aboriginal group or person is to be involved in the management of Aboriginal land are as follows:
(a) the extent to which a local Aboriginal group or person has an association or connection with the land;
(b) the extent to which a local Aboriginal group or person has the desire and capacity to manage the land;
(c) the importance of the land to all Aboriginal persons.
32
Management plans
32 Management plans
(1) The Council or a local Aboriginal group may prepare draft management plans in respect of Aboriginal land.
(2) Where a local Aboriginal group prepares a draft management plan, the local Aboriginal group must forward the draft management plan to the Council.
(3) Where the Council receives a draft management plan from a local Aboriginal group, it must consider the draft management plan and –
(a) may approve the draft management plan; or
(b) may make such amendments to it as the Council considers necessary.
(4) Where the Council prepares a draft management plan or makes amendments to a draft management plan forwarded to it by a local Aboriginal group, the Council is to give the draft management plan to the local Aboriginal group and to any local Aboriginal person who the Council considers appropriate.
(5) The local Aboriginal group or person may, within 28 days of receiving the draft management plan, make such representations to the Council in respect of the draft management plan as it thinks fit.
(6) After considering any representations received in respect of a draft management plan, the Council may approve the draft management plan.
(7) The draft management plan comes into operation as a management plan on such date as is specified in it.
(8) If the Council has approved a draft management plan in respect of an area of Aboriginal land, any other management plan, in force immediately before the approval of the draft management plan, is of no effect in so far as it relates to that area.
33
Folio of Register to be created for Aboriginal land
33 Folio of Register to be created for Aboriginal land
Power of Recorder to correct folio of the Register
35 Power of Recorder to correct folio of the Register
If the Recorder of Titles is satisfied that –
(a) there is an error in a folio of the Register in respect of Aboriginal land or in a dealing or instrument registered on a folio of the Register in respect of Aboriginal land or in a plan held by the Recorder of Titles relating to Aboriginal land; and
(b) the Council and any other person affected by the error agree –
the Recorder has the power, in addition to any other power the Recorder may have, to correct the folio, dealing, instrument or plan in such manner as the Recorder considers appropriate.
35A
Registration of declarations of land acquired by Council
35A Registration of declarations of land acquired by Council
(1) The Council may apply to the Minister in writing for land acquired by it to be declared to be Aboriginal land.
(2) On receipt of an application under subsection (1) , the Minister must declare the land referred to in the application to be Aboriginal land.
(3) As soon as practicable after making the declaration, the Minister must lodge with the Recorder of Titles in a form approved by the Recorder a copy of the declaration.
(4) The Recorder of Titles must, as soon as practicable after lodgment of the copy of the declaration, record the declaration on the folio of the Register in respect of that land.
Part 4
Miscellaneous
Part 4 Miscellaneous
36
Disclosure of pecuniary interests
36 Disclosure of pecuniary interests
(1) In this section, member means a member of the Council.
(2) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Council, other than a determination as to the remuneration and allowances payable to a member, is required, as soon as possible after the relevant facts have come to the member's knowledge, to disclose the nature of the interest at a meeting of the Council if the interest appears to raise a conflict with the proper performance of the duties in relation to the consideration of the matter.
(3) A disclosure by a member at a meeting of the Council that the member –
(a) is a member, or is in the employment, of a specified company or other body; or
(b) is a partner, or is in the employment, of a specified person; or
(c) has some other specified interest relating to a specified company or other body or a specified person –
is sufficient disclosure of the nature of the interest in any matter or thing relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subsection (2) .
(4) Particulars of any disclosure made under this section are to be recorded in a book kept for the purpose and that book is required to be open at all reasonable hours for inspection by any person on payment of the fee determined by the Council.
(5) After a member has disclosed the nature of an interest in any matter or thing, the member may not, unless the other members of the Council concerned otherwise determine –
(a) be present during any deliberation, or take part in any decision, of the Council with respect to that matter or thing; or
(b) perform any function or exercise any power under this Act with respect to that matter or thing.
(6) For the purposes of the making of a determination by other members under subsection (5) , a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates may not –
(a) be present during any deliberation of those members for the purposes of making the determination; or
(b) take part in the making by the other members of the determination.
(7) A contravention of this section does not invalidate any decision of the Council or the exercise of any function under this Act.
(8) This section does not apply to an interest of a member (being the provision of goods or services to the member by the Council) if the goods or services are, or are to be, available to members of the public on the same terms and conditions.
37
Disqualification from office
37 Disqualification from office
(1) A person who knowingly fails to comply with section 36 is guilty of an offence.
Penalty: Fine not exceeding 20 penalty units.
(2) A person who is convicted of an offence under this section is disqualified from holding any office under this Act for 7 years from the date of conviction, or for such shorter period as the court by which the person is convicted may order.
(3) In any prosecution for such an offence, the court may order that, despite the conviction, the defendant is not disqualified from holding office because the circumstances giving rise to the offence are of a trifling character.
(1) The Council has the control and management of the Settlement Point cemetery shown on Plan 4806 in the Central Plan Register.
(2) A person may, within 12 months from the commencement of the Aboriginal Lands Amendment (Wybalenna) Act 1999 , apply to the Council for an exclusive right of burial for 20 years in the unallocated plots in that portion of the Settlement Point cemetery shown bounded by heavy black lines on Plan 4806.
(3) The Council may grant an exclusive right of burial for 20 years to any person who makes an application under subsection (2) and pays to the Council the relevant fee.
(4) An exclusive right granted under subsection (3) entitles the grantee to be buried in the portion of the cemetery to which the right of burial relates.
(5) On receipt of an application and on payment to it of the relevant fee, the Council may extend the period of the exclusive right of burial for such further period, not exceeding 20 years, as it may determine.
(6) At the expiration of a period of 12 months from the commencement of the Aboriginal Lands Amendment (Wybalenna) Act 1999 , the Council may close the cemetery to burial, other than burials which are carried out pursuant to an exclusive right of burial granted before the closure of the cemetery.
(7) In this section,
relevant fee means the fee prescribed by the Council pursuant to the regulations made under this Act.
38
Statutory rules revoked or amended
38 Statutory rules revoked or amended
(1) The statutory rules specified in column 4 of Part 1 of Schedule 4 are revoked.
(2) Each statutory rule specified in column 4 of Part 2 of Schedule 4 is amended by omitting from the land referred to in it the land shown edged by a thick line on the plan specified in column 5 .
(b) the conduct, control and management by the Council of the Settlement Point cemetery shown on Plan 4806 in the Central Plan Register.
(3) The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.
(4) The regulations may authorise any matter to be from time to time determined, applied or regulated by the Council.
(5) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.
(6) A provision referred to in subsection (5) may, if the regulations so provide, take effect from the commencement of this Act or a later date.
42
Amendment of Acts
42 Amendment of Acts
The Acts specified in Schedule 5 are amended in the manner specified in that Schedule.
43
Transitional provision
43 Transitional provision
Until the Chief Electoral Officer issues a certificate of election in respect of each of the inaugural members of the Council, persons nominated by the Minister, after consultation with the Aboriginal community, are to manage Aboriginal land as if they were the Council.
(a) the administration of this Act is assigned to the Minister for Aboriginal Affairs; and
(b) the Department responsible to the Minister for Aboriginal Affairs in relation to the administration of this Act is the Department of Premier and Cabinet.
SCHEDULE 1 - Provisions with R
SCHEDULE 1 - Provisions with Respect to Membership of the Aboriginal Land Council of Tasmania
SCHEDULE 1 - Provisions with R SCHEDULE 1 - Provisions with Respect to Membership of the Aboriginal Land Council of Tasmania
In this Schedule, member means a member of the Council.
2. Term of office
[Schedule 1 Amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] Subject to this Act, the term of office of a member is a period starting on the date of issue of a certificate of election by the Electoral Commissioner and ending on the date of issue of the next certificate of election.
3. Provisions requiring devotion of whole of time to other duties
Where, by or under any Act, provision is made requiring the holder of an office to devote the whole of his or her time to the duties of office under that Act, that provision does not operate to disqualify that person from holding that office and also the office of a member.
4. Remuneration
A member is entitled to be paid such remuneration and allowances as the Council determines.
(2) The Council may remove a member from office if the member –
(a) is absent from 2 consecutive meetings of the Council without the permission of the Council; or
(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration or estate for their benefit; or
(c) is convicted in Tasmania or elsewhere of an offence punishable by imprisonment for 3 years or longer or a crime.
All acts and proceedings of the Council or of any person acting pursuant to any direction of the Council are, notwithstanding the subsequent discovery of any defect in the election of any member of the Council or that any person was disqualified from acting as, or incapable of being, a member of the Council, as valid as if the member had been duly elected and was qualified to act as, or capable of being, a member, and as if the Council had been fully constituted.
8. Presumptions
In any proceedings by or against the Council, unless evidence is given to the contrary, no proof is required of –
(a) the constitution of the Council; or
(b) any resolution of the Council; or
(c) the appointment of any member of the Council; or
(d) the presence of a quorum at any meeting of the Council.
SCHEDULE 2 - Provisions with r
SCHEDULE 2 - Provisions with respect to meetings of the Aboriginal Land Council of Tasmania
SCHEDULE 2 - Provisions with r SCHEDULE 2 - Provisions with respect to meetings of the Aboriginal Land Council of Tasmania
(1) The Council is to hold its first meeting after each election of all members as soon as practicable after the election.
(2) The chairperson may commence such other meetings of the Council as, in his or her opinion, are necessary for the proper performance of its functions.
(3) A meeting of the Council may be convened by 2 or more members.
3. Chairperson
(1) The members are to elect a chairperson at the Council's first meeting after each election of all members.
(2) The chairperson of the Council is to preside at all meetings of the Council at which the chairperson is present.
(3) If the chairperson of the Council is not present at a meeting of the Council a member elected by the members present is to preside at that meeting.
4. Procedure at meetings
(1) Five members form a quorum at any duly convened meeting of the Council.
(2) Any duly convened meeting of the Council at which a quorum is present is competent to transact any business of the Council.
(3) Questions arising at a meeting of the Council are to be determined by a majority of votes of the members present and voting and, in the case of an equality of votes, the person presiding has a casting vote.
(4) The Council must cause full and accurate minutes to be kept of the proceedings of each meeting of the Council.
5. General procedure
The procedure for the calling of, and for the conduct of business at, meetings of the Council is, subject to any procedure that is specified in this Act, to be as determined by the Council.
SCHEDULE 3 - Land Vested in th
SCHEDULE 3 - Land Vested in the Council
SCHEDULE 3 - Land Vested in th SCHEDULE 3 - Land Vested in the Council
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the Aboriginal Lands Act 1995 .
2 Commencement
2 Commencement
The provisions of this Act commence on a day or days to be proclaimed.
3 Interpretation
3 Interpretation
In this Act, unless the contrary intention appears –[Section 3 Amended by No. 25 of 2005, s. 4, Applied:21 Jul 2005]
[Section 3 Amended by No. 25 of 2005, s. 4, Applied:21 Jul 2005]Aboriginal land means –
(a) land vested in the Council under section 27(1) ; or
(b) any land declared by the Minister to be Aboriginal land under section 35A ;
[Section 3 Amended by No. 25 of 2005, s. 4, Applied:21 Jul 2005]Aboriginal person means a person specified in section 3A ;
burdening rights, in relation to land, includes rights, conditions or covenants relating to that land, whether registered or unregistered, legal or registrable, created or implied or existing or capable of existing;
Cape Barren Island group means Cape Barren Island, Long Island, Preservation Island, Passage Island, Forsyth Island, Clarke Island, Badger Island and Mount Chappell Island;
certificate of election means a certificate issued under section 16(1) ;
Council means the Aboriginal Land Council of Tasmania established under section 5 ;
electoral area means any of the following:
Prohibits mortgaging or using Aboriginal land as security (s 30).
Creates the Aboriginal Land Council of Tasmania Fund to hold monies from leases/licences, Commonwealth or State appropriations and other receipts, administered by the Council (ss 21-23). The Council may invest funds according to trustee investment rules (s 24) and prepare financial statements subject to Audit Act requirements (s 25).
Sets governance/administrative rules: staff employment and exclusion from the State Service Act (s 20); disclosure of pecuniary interests (s 36) and criminal sanctions plus disqualification for breaches (s 37); specific powers over the Settlement Point cemetery (s 37A); Recorder of Titles’ powers to create and correct folios relating to vested land (ss 33, 35); and an indemnity from the Crown for prior actions relating to vested land (s 40).
Limits access to roll material and protects sensitive enrolment records: the Electoral Commissioner controls the Roll and Preliminary Roll and may determine what address is shown (s 8); the Council and Electoral Commissioner may use the Roll for specified functions and the Council may authorise others under conditions (s 11); unauthorised use of the Roll is a criminal offence with a stated penalty (s 11(6)); the Right to Information Act is expressly excluded for the Rolls (s 11(7)); and the Act protects disclosure of sensitive enrolment records and limits judicial remedies that would impugn enrolment decisions (s 10AA).
Confers regulation-making power after consultation (s 41) and records a range of consequential and transitional measures, including initial ministerial nominations until inaugural elections take place (s 43) and that administration is assigned to the Minister for Aboriginal Affairs until further order (s 44).
The Act explicitly positions the Council’s functions to be performed "for the benefit of all Aboriginal persons and in the interests of reconciliation with the broader Tasmanian community" (s 18(2)). That statement is the Act’s own expression of purpose. The mechanical effects above implement that purpose: vesting land in trust, creating representative governance, establishing financial and administrative arrangements, and regulating land management and third-party interests.
Testing that purpose against costs and incentives (from the Act itself): vesting land in trust (s 27) confers ownership and management authority to the Council, while refusing mortgage rights (s 30) constrains the Council’s ability to leverage land as collateral. The Council’s power to grant leases or licences (ss 28, 28A) creates an income stream (s 21) but the Act requires compliance with regulations and, for pre-existing lessees, specified procedures and appeal rights (s 28(2), s 29). Electoral and enrolment mechanics (ss 8-16, 10AA) give discretion to the Electoral Commissioner over Roll composition and the protection of enrolment records; that discretion is insulated from certain judicial remedies (s 10AA), concentrating decision authority in the Commissioner while limiting court intervention. Crown reserved rights (s 27(4), (9), (10)) remain, affecting the full bundle of ownership rights. The Act therefore allocates benefits and constraints in specific ways; who pays, who decides, and what behaviour changes follow are set out in the sections cited above.
Main concepts
The Act centres on a small number of legal concepts that structure rights, governance and administrative processes. The main concepts are:
Aboriginal land: Defined in s 3 to include land vested in the Council under s 27(1) and land declared Aboriginal land under s 35A. The definition is property-centred; once land is vested or declared, it is "Aboriginal land" for all the Act’s purposes (s 27(1), s 35A(2)). The Act sets mineral rights to a 50-metre depth and excludes oil, atomic substances and geothermal substances as defined under the Mineral Resources Development Act 1995 (s 27(2), (2A)).
Aboriginal person: Statutorily defined in s 3A as a person who satisfies three cumulative elements: Aboriginal ancestry, self‑identification, and communal recognition by the Aboriginal community (s 3A(1)). The onus of proof lies on the person (s 3A(2)). That definition is central to entitlements such as being on the Roll (s 9(1)).
The Aboriginal Land Council of Tasmania (the Council): A corporate trustee body (s 5) whose core functions include sustainable use and management of Aboriginal land and natural resources for the benefit of all Aboriginal persons (s 18(1)(a)-(d)). The Council has power to acquire, hold, and dispose of property, and to delegate functions relating to Aboriginal lands to Aboriginal persons or groups (s 18(4), (5), (6)).
Electoral machinery and the Roll: The Electoral Commissioner prepares and maintains the Electors Roll and Preliminary Roll (s 8, s 10(2A)). The Roll determines who may vote and stand for council office (ss 9, 13, 14). Procedures include public notices and timeframes for nominations and objections (ss 7, 10). The Act grants the Electoral Commissioner discretion about addresses on the Roll (s 8(2)) and gives strong privacy protections for "sensitive enrolment records" (s 10AA).
Management plans and local involvement: The Council or a nominated local Aboriginal group may prepare draft management plans (s 32). The Council must involve a local Aboriginal group or person after considering specific factors (s 31) and must allow representations before approving plans (s 32(4)-(6)).
Leases and licences: Existing lessees/licensees with a lease/licence in the 12 months prior to vesting have rights to apply for continuance (s 28(1)). New grants can be made by Council generally (s 28A). Leases over three years are registrable under the Land Titles Act (s 28(4)), and appeals by pre-vesting lessees are heard by the Commissioner with finality (s 29).
Governance and financial accountability: The Council maintains a Fund (ss 21-23), prepares audited financial statements (s 25), and may employ staff on terms it determines, noting the State Service Act does not apply to the Council or its staff (s 20(2), (3)). Disclosure of pecuniary interests by members is mandatory (s 36); failure to disclose is an offence with a penalty and potential disqualification (s 37).
Interaction with Crown and public rights: The Crown retains rights to construct drains and roads, and specified public access rights are reserved over particular parcels in Schedule 3 (s 27(4)-(10), (7A), (8A), (8B)). Some conservation reserves and statutory rules are revoked or amended by the Act (s 38, Schedule 4).
These concepts interlock: the definition of Aboriginal person determines Roll entitlements (s 9); the Roll determines Council composition (ss 6, 14); the Council holds land (s 27), prepares plans (s 32) and manages third‑party interests (ss 28, 29) while being subject to public and Crown reservations (s 27) and financial audit (s 25).
Who it affects
The Act creates distinct legal statuses and practical impacts for specific groups and institutions. The primary affected parties, as identified in the Act, are:
Aboriginal persons: Defined by s 3A, Aboriginal persons are the intended beneficiaries of the trust of vested land (s 27(1), (1A)) and have explicit entitlements to enrol on the Electors Roll (s 9(1)). Aboriginal persons can request review of certain Council decisions (s 19), request access to the Council’s financial statements (s 25(2)), and be nominated as local Aboriginal groups or persons for local land management (ss 18(5), 31).
The Aboriginal Land Council of Tasmania (the Council): The Council receives land vested in trust (s 27), holds and administers the Aboriginal Land Council of Tasmania Fund (s 21), employs staff (s 20), exercises property powers (s 18(4)), makes management plans (s 32) and grants leases and licences (ss 28, 28A). The Council is also subject to disclosure rules for members (s 36) and to requirements to respond to reviews and requests (s 19).
Eligible electors and the Electoral Commissioner: Eligible electors (s 3, s 8, s 9) can vote and stand for the Council (ss 13-15). The Electoral Commissioner prepares and maintains the Roll and Preliminary Roll (s 8), administers elections and notices (ss 7, 10, 12), and has discretion about addresses on the Roll (s 8(2)) and sensitive records handling (s 10AA).
Pre‑existing lessees and licensees: A person who held a lease or licence in the 12 months before vesting over land that became Aboriginal land has a statutory right to apply for a further lease or licence (s 28(1)) and specific appeal rights to the Commissioner if aggrieved by the Council’s decision (s 29(1)). Leases exceeding three years must be registered under the Land Titles Act (s 28(4)).
The Crown and other public users: The Crown retains specified reserved rights over vested land, including the construction and maintenance of drains, sewers and waterways (s 27(4)), public access rights over certain parcels or along the high-water mark (s 27(5)-(8B)), and a right to build and fence a road in relation to item 11 in Schedule 3 with particular consequences for compensation and road status (s 27(9), (10)). The Crown also indemnifies the Council for actions arising before vesting (s 40).
Local Aboriginal groups: The Council may nominate and involve local Aboriginal groups in land management (s 18(5), s 31). Local groups may prepare draft management plans and make representations to the Council (s 32).
The Recorder of Titles: Required to create folios of the Register on application and correct errors (ss 33, 35). The Recorder acts under Land Titles Act procedures when registering Aboriginal land (s 33).
Minister and department: The Minister must declare land as Aboriginal land on application by the Council (s 35A(2)), and until administrative arrangements change, administration is assigned to the Minister for Aboriginal Affairs and the Department of Premier and Cabinet (s 44).
General public: The Act restricts public access to certain information (s 11(7) Right to Information Act excluded), reserves public access rights over particular parcels (s 27(5)-(8B)), and creates offences for misuse of the Roll (s 11(6)).
Who pays: Costs of Council elections are paid from the Public Account (s 17). The Council’s Fund (s 21) derives revenue from leases and licences, parliamentary appropriations and other receipts; that Fund is used to discharge the Council’s expenses and pay remuneration (s 22). The Crown bears indemnity obligations for pre-vesting actions (s 40).
Who decides: The Electoral Commissioner decides Roll inclusion, addresses to be shown and election procedures (ss 8, 10, 12); the Council decides management plans, grants leases and employs staff subject to the Act and regulation (ss 18, 28A, 20); the Minister declares land acquired by Council to be Aboriginal land on written application (s 35A). The Commissioner (as defined for appeals in s 29(10)) decides appeals by certain aggrieved lessees and those decisions are final (s 29(8)).
Behavioural changes the Act induces are explicit: Aboriginal persons must establish and maintain enrolment under the test in s 3A and s 9 to participate in elections; the Council must act to involve local groups (s 31), prepare management plans (s 32), and manage funds according to trustee and audit rules (ss 24, 25); pre‑existing lessees must apply within the statutory framework to maintain their interests (s 28); and third parties dealing with Schedule 3 land must account for public and Crown reservations (s 27).
Key duties and rights
The Act imposes a range of duties on institutions and persons and creates rights in land, process and remedies. Key duties and rights appear throughout the Act:
Duties and powers of the Council
Fiduciary-like duty to use and sustainably manage Aboriginal land and natural resources for the benefit of all Aboriginal persons (s 18(1)(a), (2)). The Council also must exercise owner powers for that benefit (s 18(1)(b)) and prepare management plans (s 18(1)(c)).
Power to acquire, hold, dispose and otherwise deal with property, subject to the Act (s 18(4)). The Council may delegate functions relating to use and management of Aboriginal land to suitable Aboriginal groups or persons (s 18(6)).
Obligation to involve local Aboriginal groups or persons in local management after weighing prescribed factors: connection to the land, desire and capacity to manage, and importance of the land to all Aboriginal people (s 31(1)-(2)).
Duty to consider and respond to draft management plans brought by local Aboriginal groups, allow representations within 28 days and approve or amend them (s 32(1)-(7)).
Financial duties: administer the Aboriginal Land Council of Tasmania Fund, apply monies to discharge Council’s expenses and remuneration (ss 21-22), maintain at least one authorised deposit-taking institution account (s 23), invest under Trustee Act rules (s 24), and prepare financial statements in accordance with the Audit Act and make them available to requesting Aboriginal persons (s 25).
Electoral duties and rights
The Electoral Commissioner must prepare and maintain the Electors Roll and Preliminary Roll and may determine what address to show (s 8(1)-(2), (2A)-(2F)). The Commissioner sets call dates for nominations (s 7(2)-(4)) and fixes times/dates for determining entitlement to vote and close of nominations (s 12(2)-(3)).
Eligible Aboriginal persons (s 3A, s 9) have the right to apply for enrolment on the Roll and, if on the Roll, to vote and stand in Council elections (ss 9, 13-14). Enrolment requires lodging an approved form (s 9(5)).
The Electoral Commissioner must publish notices concerning enrolment and Preliminary Roll availability and process objections within set periods (s 10(2)-(5)). The Commissioner must transfer names from Preliminary Roll to Roll unless objections stand or appeals change the result (s 10A).
Land and property rights and duties
Land specified in Schedule 3 is vested in the Council in trust in perpetuity (s 27(1)); land declared under s 35A is similarly held subject to the Act (s 27(1A)). Vesting includes defined mineral rights to 50 metres, with certain resources excluded (s 27(2), (2A)).
The Council is precluded from mortgaging Aboriginal land or using it as security (s 30).
Existing lessees/licensees who had an interest in the 12 months before vesting have the right to apply to the Council for further leases/licences at agreed terms (s 28(1)). The Council must apply regulation-prescribed guidelines when deciding (s 28(2)). Leases over 3 years must be registered (s 28(4)). If a lessee is aggrieved, there is an appeal to the Commissioner within 14 days of notification of the Council’s review decision (s 29(1)).
The Crown reserves rights over vested land to construct drains, sewers and waterways (s 27(4)), to construct a road over item 11, with the road becoming a highway and no compensation payable (s 27(9)-(10)), and various public access rights over specified parcels and zones (s 27(5)-(8B)).
Procedural duties and remedies
Council must review decisions on specified matters if requested by at least 50 eligible Aboriginal persons, and must do so within 28 days and provide written reasons (s 19(1)-(4)).
The Electoral Commissioner’s enrolment decisions are insulated from many forms of judicial impugnment in relation to sensitive enrolment records (s 10AA(1)-(3)). Appeals from preliminary roll objections to the Supreme Court are possible, but limited and time-bound (s 10(7)), and election results may be disputed in the Supreme Court within 30 days after publication of the certificate of election (s 16(3)).
Members of Council must disclose direct or indirect pecuniary interests in matters being considered and may be excluded from deliberation or decision-making in relation to those matters (s 36(2)-(6)). Failure to disclose is an offence (s 37(1)) with fines and possible disqualification (s 37(2)).
Administrative and regulatory rights/duties
Regulations may be made by the Governor after consultation with the Council and may address election processes and cemetery management among other matters (s 41(1)-(2)). Regulations may authorise matters to be determined by the Council (s 41(4)).
Until administrative arrangements are made under the Administrative Arrangements Act, the Minister for Aboriginal Affairs administers the Act and the relevant department is the Department of Premier and Cabinet (s 44).
These duties and rights create a structure where representation, land ownership, management capacity and financial responsibility are allocated to the Council, with oversight and process rights preserved in particular circumstances for Aboriginal persons, pre‑existing lessees, the Electoral Commissioner and certain Crown authorities.
Penalties and enforcement
The Act contains a limited but discrete set of criminal and administrative enforcement mechanisms. Key penalty and enforcement provisions include:
Criminal penalties and offences
Unauthorised use of the Preliminary Roll or the Roll: A person must not make or use a copy of either Roll or part of either Roll for any purpose other than those specified in s 11(2), (3) or in a Council approval under s 11(5). The penalty is a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 6 months, or both (s 11(6)). That is the principal direct penal provision concerning misuse of electoral material.
Failure to disclose a pecuniary interest: A member who knowingly fails to comply with the disclosure obligations under s 36 is guilty of an offence with a penalty of a fine not exceeding 20 penalty units (s 37(1)).
Disqualification following conviction: Conviction for the offence in s 37(1) produces a statutory disqualification from holding any office under the Act for seven years from conviction, unless the court orders a shorter period (s 37(2)). The court retains a discretion to avoid disqualification if circumstances were trifling (s 37(3)).
Administrative enforcement and finality clauses
Appeals and review mechanisms: The Act provides specific administrative appeal routes with tightly defined limits. A person who lodged an objection to transfer from the Preliminary Roll to the Roll may appeal to the Supreme Court on procedural grounds under s 10(7) within seven days after notice of the Electoral Commissioner’s decision. A broader right exists to appeal election results to the Supreme Court within 30 days after the Gazette publication of the certificate of election (s 16(3)). For lessees aggrieved by Council decisions about pre-vesting leases/licences, an appeal lies to the Commissioner (chairperson of the Resource Planning and Development Commission) within 14 days of notification; the Commissioner’s decision is final (s 29(1), (8)).
Insulation of enrolment decisions from certain judicial remedies: Section 10AA contains a significant limitation on judicial remedies with respect to enrolment decisions. It expressly provides that procedures referred to in s 10(7) do not require the Electoral Commissioner to disclose or make available sensitive enrolment records or give persons an opportunity to comment on them (s 10AA(1)). Section 10AA(2) prohibits courts, under the Judicial Review Act 2000 or otherwise, from making any order impugning an enrolment decision on the ground that the Electoral Commissioner did not divulge such records or give opportunity to comment. The section defines "enrolment decision", "sensitive enrolment record", and specifies the forms of judicial order taken to impugn a decision (s 10AA(3)-(5)). That is an explicit statutory protection against certain forms of judicial oversight.
Finality of Commissioner decisions on leases: The Commissioner’s decision on an appeal by a pre-vesting lessee is final (s 29(8)). The Council must comply with directions given under that process (s 29(7)), and the Recorder of Titles can make register notations to give effect to the Commissioner’s decision (s 29(6)).
Enforcement actors and processes
The Electoral Commissioner is the primary administrative decision-maker for electoral enrolments, roll composition and election conduct (ss 7, 8, 10, 12). The Commissioner is empowered to consult and request advice when considering objections and must give affected persons opportunity to make submissions (s 10(4)).
The Supreme Court acts as an appellate forum in defined, narrow circumstances (ss 10(7), 16(3)), though s 10AA constrains remedies relating to sensitive records.
The Commissioner in s 29 (chair of the Resource Planning and Development Commission) is an administrative appellate decision-maker for certain lease-related grievances; the Act treats his/her decision as final (s 29(8)).
Other enforcement and compliance mechanisms
Recorder of Titles powers to create and correct folios for vested land and to record existing estates when evidenced (ss 33, 35) enable administrative correction and registration outcomes.
Review obligations: The Council must review certain decisions when requested by 50 eligible Aboriginal persons and must give written reasons within a fixed timeframe (s 19(1)-(4)), creating a statutory mechanism for community-initiated review.
Audit and financial transparency: The Council must prepare financial statements and forward copies to the Auditor-General in accordance with the Audit Act 2008 (s 25(1)). If requested by an Aboriginal person, the Council must make its financial statements available for inspection (s 25(2)), creating an accountability avenue rather than a criminal sanction.
In sum, the Act combines criminal penalties for misuse of electoral rolls and nondisclosure of conflicts, final administrative decision-making in particular domains (leases via Commissioner; enrolment via Electoral Commissioner with limited judicial intervention), and statutory disclosure, review and audit duties creating administrative enforcement paths.
How it interacts with other laws
The Act deliberately cross-references multiple other statutes and frameworks to integrate land, electoral and administrative systems. The key interactions, as stated expressly in the Act, are:
Electoral Act 2004: The Electors Roll regime sits alongside the State roll concept and the Electoral Commissioner’s office as defined in the Electoral Act 2004. Section 8 adopts the Electoral Commissioner appointed under s 14 of the Electoral Act 2004 and uses State roll concepts when determining who may be on the Aboriginal Land Council Electors Roll (s 8; s 9(6)).
Local Government Act 1993: The Act delegates vote counting procedures to the Local Government Act 1993, Schedule 7, Parts 2 and 3, depending on whether one or more members are elected to represent an area (s 15).
Land Titles Act 1980 and Registration of Deeds Act 1935: The Recorder of Titles must create folios of the Register for vested Aboriginal land in accordance with the Land Titles Act 1980 (s 33). Also, leases over three years must be registered under the Land Titles Act (s 28(4)), and pre-existing leases not registrable under Land Titles Act may be treated as registered under the Registration of Deeds Act procedures as provided (s 28(5); s 33(3)).
Mineral Resources Development Act 1995: The Act specifies mineral rights included in vesting by reference to the Mineral Resources Development Act 1995, excluding oil, atomic substances and geothermal substances (s 27(2), (2A)).
Trustee Act 1898: The Council’s investment powers reference trustee investment authorisations under the Trustee Act 1898 (s 24).
Right to Information Act 2009: The Act expressly removes the Preliminary Roll and Roll from the operation of the Right to Information Act 2009 (s 11(7)).
Judicial Review Act 2000: Section 10AA limits courts from making orders impugning enrolment decisions under the Judicial Review Act 2000 or otherwise, in relation to sensitive enrolment records (s 10AA(2)-(3)).
Audit Act 2008: The Council’s financial statements are to be prepared and forwarded to the Auditor-General in accordance with the Audit Act 2008 (s 25(1)).
State Service Act 2000: The Act excludes the State Service Act 2000 from applying to the Council and its staff (s 20(3)).
Highways Act 1951 and Roads and Jetties Act 1935: In relation to item 11 land (Schedule 3), if the Crown constructs a road, that road becomes a highway within the Highways Act 1951 and a road under the Roads and Jetties Act 1935 (s 27(10)).
Resource Planning and Development Commission Act 1997: The appeal route for pre-vesting lessees is to the Commissioner defined as the chairperson of the Resource Planning and Development Commission established under that Act; the Commissioner hears appeals and his/her decision is final (s 29(10), (8)).
Nature Conservation Act 2002 and other conservation and Crown Lands Acts: The Act contains provisions (s 38A, s 39, Schedule 4) that cease reserved statuses, revoke or amend statutory rules, and therefore interact with the land classification and conservation frameworks referenced in those Acts.
The Act also authorises regulations (s 41) that may modify election procedures and cemetery management, and it contains transitional savings and amendments to other Acts noted in Schedule 5. Where the Act incorporates or excludes other laws, it does so expressly: for example it excludes the Right to Information Act for Roll material (s 11(7)), requires compliance with the Audit Act for financial statements (s 25(1)), and directs registration under Land Titles Act for certain leases (s 28(4)).
These cross-references mean practitioners must read the Act in conjunction with the cited statutes to determine procedural details (e.g. vote counting rules under the Local Government Act), registration formalities (Land Titles Act), mining/ mineral definitions (Mineral Resources Development Act), and administrative review pathways (Judicial Review Act, Resource Planning and Development Commission Act). The Act thus embeds the Aboriginal land regime within Tasmania’s broader statutory architecture while specifying exceptions and limits (notably for electoral roll information and enrolment decision judicial review protections).
Amendment history
The Act text provided carries explicit amendment annotations in the margins and inserted text. The Act has been amended repeatedly; the source records the instrument-level amendment notes inline with sections and schedules. Key amendments and insertions indicated in the text include:
1999 amendments: Sections and schedules were amended by No. 8 of 1999, effective 16 April 1999, including insertion of s 27(7A) and (7B) relating to access reservations (s 27) and changes in Schedule 3 (see notes beside Schedule 3 and s 38A which references No. 1 of 2005 but also indicates earlier amendments). Section 37A (Settlement Point cemetery) was inserted by No. 8 of 1999, s 5, applied 16 Apr 1999 (s 37A).
2000 amendment: Section 20(3) notes amendment by No. 86 of 2000, Sched. 1, applied 1 May 2001, clarifying the State Service Act does not apply to the Council or its staff (s 20(3) annotation).
2004 amendments: Multiple amendments by No. 53 of 2004, Schedule 1, applied 16 Feb 2005, affected many sections including s 3 (electoral area definitions), ss 7-12 (election and Roll procedural changes), s 8 (preliminary roll and forms), s 10 (preliminary roll publication and procedures), Schedule 1 and Schedule 2 changes to membership and meeting provisions, and other cross-references (various annotations across the text point to No. 53 of 2004).
2005 amendments: No. 25 of 2005 effected a set of changes applied 21 July 2005. These amendments inserted s 3A (definition of Aboriginal person) and various consequential provisions in ss 8-11, 10A, 27(1A) and (2A), 28A, 33 and others. Specifically, s 3A (Inserted by No. 25 of 2005, s. 5) defines "Aboriginal person" and places onus on the person (s 3A(2)). Sections 8 and 10 were substituted or had subclauses inserted to adjust Roll and Preliminary Roll mechanics (ss 8(1) substituted, 8(2A)-(2F) inserted, 10(2A)-(5) etc) and s 10A was inserted (No. 25 of 2005, s 9). Section 27 was amended to add s 27(1A) and to address land declared under s 35A (s 27(1A), (2A)). Section 35A (registration of declarations) was inserted (No. 25 of 2005, s 17).
2008 amendment: Section 10AA was inserted by No. 60 of 2008, s 4, applied 16 Dec 2008, producing the sensitive enrolment record protection and limiting judicial remedies for enrolment decisions (s 10AA).
2009-2010 amendments: Amendments by No. 50 of 2008 and No. 54 of 2009 effected replacements and changes to s 25 (financial statements) and the Right to Information Act exclusion (s 11(7) amended by No. 54 of 2009 applied 1 Jul 2010). Section 25 was substituted (No. 50 of 2008, Sched. 2, applied 1 Jul 2010) to require financial statement forwarding to the Auditor-General in accordance with the Audit Act 2008 and to require the Council to make them available to Aboriginal persons on request (s 25).
2017 amendment: Section 17 (costs of elections) was amended by No. 4 of 2017, Schedule 1, applied 1 Jul 2019, to specify election costs are to be paid from the Public Account, appropriated accordingly (s 17).
Other annotated amendments are visible throughout the text where subsections were inserted, substituted or repealed; each such annotation identifies the amending instrument and the date applied. Schedules were also amended (Schedule 3 amended by No. 8 of 1999 and No. 1 of 2005) and statutory rules were revoked or amended via Schedule 4 as noted. The Act also contains a Schedule 5 noting amendments to other Acts, though the specific text of Schedule 5 is not reproduced in the source material provided.
For practitioners, these annotations indicate that the text has been actively adjusted in relation to electoral procedures, definitions (notably the statutory test for Aboriginal person), protections for enrollment records, financial accountability, and the formalisation of Council powers to acquire additional land (s 35A). The inserted and substituted sections should be checked against the cited amending Acts and dates where a point of timing or transitional effect may be material (e.g. the special provision in s 8(2A) creating an initial Roll from 2001 election materials).
Litigation history
The Act text itself contains no case law citations and does not list judicial decisions. The internal mechanisms for challenge and appeal are, however, carefully prescribed and indicate where litigation and review have been contemplated and limited. From the Act’s wording we can extract the available litigation and review pathways and the statutory restrictions on them:
Objections to Preliminary Roll transfers and limited appeals: Section 10 provides an administrative process for preparing and publishing the Preliminary Roll, inviting objections to transfers from the Preliminary Roll to the Roll on the ground that a person is not an Aboriginal person, and requires the Electoral Commissioner to consider those objections. Section 10(7) states that a person who lodged an objection, or a person to whom an objection related, may appeal to the Supreme Court in accordance with the Rules of the Supreme Court within seven days after notice of the Electoral Commissioner’s decision, on the ground that required procedures were not observed. The Act therefore contemplates narrow procedural appeals to the Supreme Court limited to process compliance.
Enrolment decision immunity from certain judicial orders: Section 10AA, inserted in 2008, narrows judicial intervention with enrolment decisions where "sensitive enrolment records" are involved. Subsection 10AA(2) forbids a court, under the Judicial Review Act 2000 or otherwise, from making an order impugning an enrolment decision on the ground that the Electoral Commissioner did not divulge such records or give an opportunity for comment. Subsection 10AA(3) enumerates orders taken to impugn a decision. The Act therefore constrains the remedies and forms of judicial relief in challenges to enrolment decisions where sensitive records are implicated.
Election results: Section 16(3) allows an eligible elector or the Electoral Commissioner to dispute the result of an election by lodging an application with the Supreme Court within 30 days of publication of the certificate of election.
Lease and licence appeals: For persons who held leases or licences during the 12 months before vesting and who are aggrieved by Council decisions concerning those interests, the Act gives an appeal to the Commissioner (chair of the Resource Planning and Development Commission) within 14 days after notice of the Council’s review decision (s 29(1)). The Commissioner must consult the Council (s 29(2)), may quash or dismiss the appeal (s 29(3)), and may determine whether revocation or variation takes effect pending appeal (s 29(4)). The Commissioner’s decision is final (s 29(8)). The Recorder of Titles is directed to effect any necessary register changes to give effect to the Commissioner’s decision (s 29(6)).
Review of Council decisions initiated by community request: Section 19 requires the Council to review certain decisions if requested by 50 eligible Aboriginal persons, and the Council must conduct the review within 28 days and provide written reasons to the signatories. That is an administrative internal review mechanism rather than judicial review.
No reported cases in this source: The Act as provided does not supply litigation history or judicial interpretation. It does, however, circumscribe judicial oversight in key areas (notably enrollment) and channel review through administrative appeal (Commissioner) and time-limited Supreme Court applications for election or process complaints.
For a practitioner preparing litigation or advisory work, the operative points from the Act are: the tight timeframes for appeals (seven days under s 10(7) for some enrolment-related procedures, 30 days for election disputes under s 16(3), 14 days for lessee appeals under s 29(1)), the statutory finality of certain administrative decisions (s 29(8)), and the restrictions on judicial remedies where sensitive enrolment records are involved (s 10AA). Any litigation strategy must therefore account for these statutory limits and the narrowness of permitted judicial review as expressed in the Act text.
Gotchas
The Act’s textual mechanics create particular practical traps and compliance pitfalls that practitioners and affected parties should note. These features arise directly from the statutory provisions:
Onus of proof for Aboriginal status sits with the person: Section 3A(2) places the onus of proving the three-part test (ancestry, self-identification, communal recognition) on the individual. For individuals seeking enrolment (s 9) or to stand for Council (s 14), this is a proactive evidential burden and not a presumption in their favour.
Sensitive enrolment records and constrained judicial remedies: Section 10AA creates a protective regime for "sensitive enrolment records" provided to the Electoral Commissioner. It deprives courts of the power to make orders impugning enrolment decisions on grounds related to non-disclosure of such records. Practically, that means objections to roll decisions that depend on sensitive material may be insulated from ordinary judicial review remedies (s 10AA(1)-(3)). The Act also excludes the Preliminary Roll and Roll from the Right to Information Act (s 11(7)). Together these provisions concentrate fact-finding and decision power with the Electoral Commissioner and reduce transparency.
Tight appeal windows and limited grounds: Several time-limited rights of appeal exist but within narrow windows: appeals to the Supreme Court about enrolment procedural non-compliance must be lodged within seven days after notice (s 10(7)); disputes about election results must be lodged within 30 days after publication of the certificate of election (s 16(3)); appeals by pre-vesting lessees to the Commissioner must be lodged within 14 days after notification of the Council’s review decision (s 29(1)). Missing those windows extinguishes statutory remedy options.
Significant discretion vested in the Electoral Commissioner: Sections 8, 10 and 12 give the Electoral Commissioner broad powers to determine what address is shown on the Roll (s 8(2)), how elections are conducted (s 12(1)), what forms to use (s 8(4)), when to call for nominations (s 7(2)) and to publish notices in such other manner as the Commissioner considers appropriate (s 10(2), (3)). The Commissioner also may consult as needed when considering objections (s 10(4)). That discretion can cause variability and uncertainty in process if not well-publicised.
Severe penalty for misuse of Roll data: Section 11(6) sets a significant sanction for misusing the Preliminary Roll or the Roll , up to 100 penalty units or 6 months’ imprisonment, or both. Practitioners handling Roll data must be exact about permitted uses (s 11(2)-(5)).
Council cannot mortgage or use land as security: Section 30 prohibits the Council from mortgaging Aboriginal land or using it as any form of security. This limits the Council’s ability to raise finance directly against land assets and may affect development or commercial projects unless alternative financing models are used (leases, licences).
Crown reserved rights and no compensation for certain road construction: The Crown reserves rights to construct drains, sewers and waterways (s 27(4)) and to construct and fence a specified road (s 27(9)). If the Crown exercises the road right, no compensation is payable to the Council and the road becomes a public highway (s 27(10)). That alters the expectation of uncompromised private use.
Mandatory consideration of local associations with land: While involving local Aboriginal groups is mandatory (s 31), the Council is to consider "the importance of the land to all Aboriginal persons" (s 31(2)(c)). That creates a balancing duty that may generate intra-community conflicts about which local group should manage specific land.
Procedural constraints on management plan effect: Once the Council approves a draft management plan, it takes effect on the date specified in the plan and displaces prior plans relating to that area (s 32(7)-(8)). That can quickly change permitted land uses and rights without further legislative action.
Limited remedies for alleged irregularities in enrolment process that turn on sensitive material: Because s 10AA prohibits courts from making certain orders where sensitive enrolment records are involved, parties who believe procedural fairness was breached but whose complaints hinge on sensitive records may have reduced recourse.
Appellate finality in lease disputes: Decisions by the Commissioner on appeals from pre-vesting lessees are final (s 29(8)). There is no further administrative appeal under this Act; other judicial avenues may be limited by s 10AA-style protections or by the Act’s specified procedures.
These "gotchas" are mechanical features of the statutory scheme. Each creates compliance, timing or strategic constraints for parties seeking to participate in elections, manage or develop vested land, obtain or preserve lease/licence rights, or challenge administrative decisions.
How to comply
Compliance with the Act requires understanding and acting on the Act’s procedural steps, timing, and substantive constraints. Practical compliance steps, mapped to the Act provisions, are as follows:
Electoral enrolment and voting
Understand and meet the statutory test for Aboriginal person: Individuals seeking enrolment must be prepared to establish Aboriginal ancestry, self-identification and communal recognition (s 3A(1)), remembering the onus of proof is on them (s 3A(2)). Prepare documentation or communal attestations consistent with the Electoral Commissioner’s guidelines (s 9(3)-(4)).
Lodge an approved enrolment form: A person who wishes to be on the Roll must lodge an enrolment form in a form approved by the Electoral Commissioner (s 9(5)). Keep copies and evidence of lodgement.
Monitor publication and objection timelines: The Electoral Commissioner will publish notices seeking applications for enrolment at least 120 days before nominations and a Preliminary Roll notice at least 60 days before nominations (s 10(2), (3)). If an objection to transfer from Preliminary Roll to Roll is anticipated or lodged, be prepared for the 28‑day objection period (s 10(3)(c)) and the Electoral Commissioner’s decision timeline (s 10(5)).
Be aware of appeal windows: Appeals to the Supreme Court about procedural issues in enrolment decisions (s 10(7)) must be brought within seven days from notice, and election result disputes must be lodged within 30 days of Gazette publication of the certificate of election (s 16(3)). Prepare to act quickly if challenging processes or outcomes.
Protect sensitive enrolment records: If submitting sensitive records, note that the Electoral Commissioner may treat them as confidential and the courts are barred from impugning enrolment decisions on certain disclosure grounds (s 10AA). Ensure submissions comply with the Commissioner’s directions regarding privacy and format.
Council governance and member duties
Disclosure of pecuniary interests: Council members must disclose direct or indirect pecuniary interests as soon as possible when relevant facts come to their knowledge and must record particulars in a book open for inspection on payment of a fee (s 36(2), (4)). Members should abstain from deliberation or voting on the matter unless other members decide otherwise (s 36(5)-(6)).
Meeting procedures and quorum: The Council’s meeting rules (Schedule 2) require five members for a quorum, majority voting, and a casting vote for the person presiding (Schedule 2, cl 4). Minutes must be kept (Schedule 2, cl 4(4)).
Staff employment: The Council may employ staff under its own terms and is not subject to the State Service Act (s 20). Ensure employment conditions comply with relevant awards and industrial agreements (s 20(2)).
Management and leases
Follow management plan processes: A local Aboriginal group may prepare a draft plan and must forward it to the Council (s 32(1)-(2)). The Council must allow 28 days for representations after forwarding a draft it amends or prepares (s 32(4)-(6)). Ensure submissions are provided within that window and are documented.
Existing lessees must apply timely: If you were a lessee or licensee in the 12 months before vesting and your lease expires by effluxion of time, you may apply for a further lease or licence to the Council (s 28(1)). The Council must give effect to regulation-prescribed guidelines when determining continuance (s 28(2)). Keep track of the Council’s decision and, if aggrieved, lodge a review request; then be ready to appeal to the Commissioner within 14 days after notification (s 28(3), s 29(1)).
For new lease/grant transactions: The Council may grant leases and licences (s 28A). Leases exceeding 3 years must be registered under the Land Titles Act (s 28(4)). For drafting, ensure form is compliant with registration requirements.
Property and land rights
Do not expect to use vested land as security: The Council cannot mortgage Aboriginal land or use it as security under any form (s 30). For development finance, plan for fee, licence or lease-based structures rather than mortgages.
Account for Crown and public reservations: Before planning works or enforcing exclusive rights, check the specific reserved rights and public access reservations recorded against a parcel in s 27 and Schedule 3 (s 27(4)-(10), (7A), (8A), (8B)). If the Crown indicates road construction over item 11 land, no compensation is payable and the road will become a public highway (s 27(9)-(10)).
Records, registers and financial compliance
Use authorised deposit-taking institution accounts: The Council must maintain at least one account in an authorised deposit-taking institution and pay receipts into it (s 23). Investment must comply with Trustee Act 1898 standards (s 24).
Audit and financial statement obligations: Prepare annual financial statements and forward to the Auditor-General in accordance with the Audit Act 2008 (s 25(1)). Make the statements available to Aboriginal persons who request inspection (s 25(2)). Maintain bookkeeping to satisfy audit and community requests.
Recorder of Titles processes: On applying for a folio creation, provide a plan certified by the Surveyor-General so the Recorder can create or correct folios (s 33). If there is an extant instrument evidencing an estate, the Recorder may act as if it were registered under the Registration of Deeds Act (s 33(3)). For any correction that affects another person, seek agreement; the Recorder may correct where the Council and any other affected person agree (s 35).
Administrative and regulatory compliance
Consult on regulations: The Governor may make regulations if satisfied the Council has been consulted (s 41(1)). Prepare to engage in consultation when regulations affecting election procedure or cemetery management are proposed (s 41(2)).
Cemetery exclusive rights: For Settlement Point cemetery plots, applications for an exclusive right of burial must be lodged within specified windows and fees paid (s 37A(2)-(6)). The Council must manage the cemetery in accord with regulations (s 41(2
[Section 3 Amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005]Electoral Commissioner means the Electoral Commissioner appointed under section 14 of theElectoral Act 2004 ;
[Section 3 Amended by No. 25 of 2005, s. 4, Applied:21 Jul 2005]eligible elector, in relation to an electoral area, means a person whose name is entered on the Roll for an address within that area at the time and date fixed by the Electoral Commissioner under section 12(2) for the relevant election;
estate, in relation to land, includes all easements, licences, leases, rights of occupation or possession, habitual access or other burdening rights relating to that land;
Flinders Island group means Flinders Island and all islands, except Long Island, Badger Island and Mount Chappell Island, to the north of Cape Barren Island in the Flinders municipal area;
local Aboriginal group, in relation to an area of Aboriginal land, means an Aboriginal group nominated by the Council for that area;
north region means that part of the State comprising the city of Launceston and the municipal areas of Break O'Day, Dorset, George Town, Meander Valley, Northern Midlands and West Tamar;
north-west region means that part of the State comprising the cities of Burnie and Devonport and the municipal areas of Central Coast, Circular Head, Kentish, King Island, Latrobe, Waratah-Wynyard and West Coast;
[Section 3 Amended by No. 25 of 2005, s. 4, Applied:21 Jul 2005]Preliminary Roll means the Preliminary Roll prepared under section 10(2A) ;
Register means the register of title to land referred to in section 33 of theLand Titles Act 1980 ;
regulations means regulations made under this Act;
[Section 3 Amended by No. 1 of 2005, s. 4, Applied:12 Apr 2005]reserved road means a road (however described) which has been reserved in a land grant or a folio of the Register of title or by the exercise of a power of reservation conferred by or under an Act;
Roll means the Aboriginal Land Council of Tasmania Electors Roll prepared and maintained under section 8 ;
[Section 3 Amended by No. 25 of 2005, s. 4, Applied:21 Jul 2005]south region means that part of the State comprising the cities of Hobart, Clarence and Glenorchy and the municipal areas of Brighton, Central Highlands, Derwent Valley, Glamorgan-Spring Bay, Huon Valley, Kingborough, Sorell, Southern Midlands and Tasman.
3A Aboriginal person
3A Aboriginal person
[Section 3A Inserted by No. 25 of 2005, s. 5, Applied:21 Jul 2005]
(1) An Aboriginal person is a person who satisfies all of the following requirements:
(a) Aboriginal ancestry;
(b) self-identification as an Aboriginal person;
(c) communal recognition by members of the Aboriginal community.
(2) The onus of proving that a person satisfies the requirements referred to in subsection (1) lies on that person.
4 Act binds Crown
4 Act binds Crown
This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
Part 2 Aboriginal Land Council of Tasmania
Part 2 Aboriginal Land Council of Tasmania
Division 1 Establishment and constitution of Council
Division 1 Establishment and constitution of Council
5 Establishment of Council
5 Establishment of Council
(1) The Aboriginal Land Council of Tasmania is established.
(2) The Council –
(a) is a body corporate; and
(b) has a seal; and
(c) may sue and be sued in its corporate name.
(3) The seal is to be kept and used only as authorised by the Council.
(4) All courts and persons acting judicially must take judicial notice of the imprint of the seal on a document and presume that it was duly sealed by the Council.
6 Constitution of Council
6 Constitution of Council
(1) The Council consists of 8 Aboriginal persons of whom –
(a) 2 are to be elected by eligible electors for the south region to represent the south region; and
(b) 2 are to be elected by eligible electors for the north region to represent the north region; and
(c) 2 are to be elected by eligible electors for the north-west region to represent the north-west region; and
(d) one is to be elected by eligible electors for the Flinders Island group to represent the Flinders Island group; and
(e) one is to be elected by eligible electors for the Cape Barren Island group to represent the Cape Barren Island group.
(2) Schedule 1 has effect.
(3) Schedule 2 has effect.
Division 2 Election of members of Council
Division 2 Election of members of Council
7 Timing of elections
7 Timing of elections
(1) The Chief Electoral Officer is to hold the first election of members of the Council as soon as practicable after the commencement of this Act.
(2) [Section 7 Subsection (2) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] The Electoral Commissioner must, in respect of each election of members of the Council, determine the date on which nominations are to be called for that election.
(3) [Section 7 Subsection (3) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] The date determined by the Electoral Commissioner under subsection (2) is to be a date–
(a) not sooner than 2 years and 9 months; and
(b) not later than 3 years and 3 months–
after the date on which nominations were called for the previous election of all members of the Council.
(4) [Section 7 Subsection (4) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] The Electoral Commissioner is to call for nominations for election of members of the Council on the date determined under subsection (2) by notice published in the Gazette and in 3 daily newspapers published and circulating in the State and by such other manner as the Electoral Commissioner considers appropriate.
8 Aboriginal Land Council of Tasmania Electors Roll
8 Aboriginal Land Council of Tasmania Electors Roll
(1) [Section 8 Subsection (1) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005][Section 8 Subsection (1) substituted by No. 25 of 2005, s. 6, Applied:21 Jul 2005] The Electoral Commissioner is to –
(a) prepare and maintain an Aboriginal Land Council of Tasmania Electors Roll; and
(b) include on the Roll, subject to subsection (2) , the address at which each person named on the Roll resides and indicate the electoral area in which each such person is enrolled.
(2) [Section 8 Subsection (2) substituted by No. 25 of 2005, s. 6, Applied:21 Jul 2005] If the Electoral Commissioner is satisfied that there is reason to do so, the Electoral Commissioner may determine that an address, other than the address at which a person resides, is to be shown on the Roll in respect of that person.
(2A) [Section 8 Subsection (2A) inserted by No. 25 of 2005, s. 6, Applied:21 Jul 2005] As soon as practicable after the commencement of the Aboriginal Lands Amendment Act (No. 2) 2005 , the Electoral Commissioner is to prepare the Roll, which is to comprise the names of those persons who were entitled to vote at the election of members of the Council in 2001 and is to be constituted from the material from which the Roll for that election was constituted.
(2B) [Section 8 Subsection (2B) inserted by No. 25 of 2005, s. 6, Applied:21 Jul 2005] The Electoral Commissioner is to transfer the name of a person to the Roll in accordance with section 10A .
(2C) [Section 8 Subsection (2C) inserted by No. 25 of 2005, s. 6, Applied:21 Jul 2005] The Electoral Commissioner may remove the name of a person from the Roll if –
(a) the Electoral Commissioner is satisfied that the person has ceased to be entitled under section 9(1)(b) ; or
(b) that person has applied in writing to have his or her name removed from the Roll.
(2D) [Section 8 Subsection (2D) inserted by No. 25 of 2005, s. 6, Applied:21 Jul 2005] A person whose name has been removed from the Roll under subsection (2C) may apply in writing to the Electoral Commissioner to have his or her name reinstated to the Roll if that person is entitled under section 9(1)(b) .
(2E) [Section 8 Subsection (2E) inserted by No. 25 of 2005, s. 6, Applied:21 Jul 2005] On receipt of an application under subsection (2D) , the Electoral Commissioner is to reinstate the name of a person to the Roll if the Electoral Commissioner is satisfied that the person is entitled under section 9(1)(b) .
(2F) [Section 8 Subsection (2F) inserted by No. 25 of 2005, s. 6, Applied:21 Jul 2005] The Electoral Commissioner may change the address shown on the Roll in respect of a person if the Electoral Commissioner is satisfied that the person has changed the address at which he or she resides.
(3) The Roll may be kept by electronic means or any similar means.
(4) [Section 8 Subsection (4) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] The forms to be used for the purposes of the Roll are to be as approved by the Electoral Commissioner.
9 Who is entitled to be on the Roll
9 Who is entitled to be on the Roll
(1) A person is entitled to have his or her name entered on the Roll if the person –
(a) is an Aboriginal person; and
(b) resides in the electoral area in respect of which the person applies to have his or her name entered on the Roll; and
(c) has attained the age of 18 years.
(2) A person is taken to have satisfied paragraphs (b) and (c) of subsection (1) if –
(a) the person's name is entered on the State roll for an address within the electoral area in respect of which the person applies to have his or her name entered on the Roll; or
(b) the person is entitled to have his or her name entered on the State roll for an address within the electoral area in respect of which the person applies to have his or her name entered on the Roll; or
(c) [Section 9 Subsection (2) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] the person verifies the matters referred to in those paragraphs in such manner as the Electoral Commissioner may determine.
(3) [Section 9 Subsection (3) amended by No. 25 of 2005, s. 7, Applied:21 Jul 2005][Section 9 Subsection (3) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] The Electoral Commissioner, in consultation with such persons as the Electoral Commissioner considers necessary, is to prepare guidelines concerning the requirements referred to in section 3A .
(4) [Section 9 Subsection (4) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] The Electoral Commissioner is to make the guidelines available to a person who requests them.
(5) [Section 9 Subsection (5) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] A person who is entitled to and wishes to have his or her name entered on the Roll must lodge with the Electoral Commissioner an enrolment form in a form approved by the Electoral Commissioner.
(6) [Section 9 Subsection (6) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] In this section, State roll has the same meaning as in the Electoral Act 2004 .
10 Preliminary Roll
10 Preliminary Roll
(1) [Section 10 Subsection (1) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] [*[Section
This is an opening excerpt, not the complete document.