Aboriginal Lands Regulations 2025

The central concept is a “share” in an Aboriginal trust established under the Aboriginal Lands Act 1970. The two trusts are the Framlingham Aboriginal Trust and the Lake Tyers Aboriginal Trust. Shares represent a form of membership interest in the trust, not ordinary company shares. Transfer of these shares is governed by Part 3 of the Act, and the regulations specify only the procedural requirements for effecting a transfer.

The regulations distinguish (through the form) between a “sale” and a “transfer otherwise” (i.e., a gift or transfer without consideration). The form notes in Step 4 explain the statutory sale procedure: a shareholder wishing to sell must first make a written offer to the trust or a person nominated by the trust, who must be eligible to receive shares under section 14(2) of the Act. That offer remains open for three months. If it lapses, the shareholder may then transfer to any eligible person of their choosing. For a sale, the price must be the price fixed by the trust’s auditor in accordance with the Act. A non‑sale transfer (e.g., to a relative) must be without consideration; the statutory declarations must state that the transfer is not a sale or exchange for consideration.

Eligibility to receive shares is defined by reference to section 14(2) of the Act, which the form reproduces as two columns. Column 1 lists relatives: spouse or domestic partner, parent, child or direct descendant, sibling, parent’s sibling, parent’s child or direct descendant, and child or direct descendant of parent’s sibling. Column 2 lists institutional recipients: the Trust, a trust member, and the Crown in right of the Commonwealth or the State. A transfer to a person in Column 2 is likely what section 14(2)(d) refers to, though the regulations do not cross‑reference that provision explicitly. Regulation 6(3) requires a relationship statement in the statutory declarations for transfers under section 14(2)(d). This appears to apply to transfers to trust members, not to the trust itself or the Crown.

Identity verification is a core procedural concept. The regulations list ten acceptable identity document types, each defined by reference to another Act (e.g., “Australian driver licence within the meaning of the Road Safety Act 1986”, “health care card … within the meaning of the Social Security Act 1991 of the Commonwealth”). The document must be a certified copy, meaning a copy certified as a true copy of the original by an authorised person under Part 5 of the Oaths and Affirmations Act 2018. This certification requirement is a distinct legal step: a simple photocopy or an original document will not satisfy the regulation.

Statutory declarations are another key concept. Both transferor and transferee must each make a statutory declaration under sections 13(1)(b) and (c) of the Act. The form at Step 8 lists the mandatory content: number of shares, relationship (if transferring to a Column 1 relative), compliance with section 14 if a sale, a statement that the transfer is not a sale or exchange for consideration if not a sale, and a statement that the transfer is made in accordance with the Act and the regulations. The statutory declaration must be made in accordance with Part 4 of the Oaths and Affirmations Act 2018.

The regulations directly affect every person who holds shares in either the Framlingham Aboriginal Trust or the Lake Tyers Aboriginal Trust and wishes to transfer those shares to another person, as well as every person who wishes to receive such shares. The shareholder base is likely limited to Aboriginal persons entitled under the Aboriginal Lands Act 1970 to be members of these trusts, but the regulations do not themselves define that class. The effect is therefore on a relatively small and specific population, though the compliance requirements apply equally to corporate recipients such as the trust itself or the Crown.

Trust administrators are affected in their operational capacity. The trust office must receive and process instrument of transfer forms, verify that supporting documents are in order (certified copies, statutory declarations containing the required statements), and either accept or reject the transfer. The form includes an “Office use only” section requiring a trust office representative to check off documentary evidence and sign, and a space for the Committee of Management to approve by common seal. The regulations do not set a time limit for the trust to decide, which creates uncertainty for the parties.

Authorised witnesses for statutory declarations and certifiers of copies are indirectly affected. The regulations incorporate the Oaths and Affirmations Act 2018, so the persons who may witness statutory declarations or certify copies are those authorised under that Act (e.g., justices of the peace, police officers, certain court officers). The parties to the transfer must locate such a witness, which may be inconvenient for those in remote areas.

The trust’s auditor is affected because section 14 of the Act (as referenced in the form’s notes) requires the auditor to fix the price of shares offered for sale. The regulations do not change that, but the form reminds the parties of the requirement. If the auditor has not fixed a price, a sale cannot proceed in compliance with the Act.

The regulations do not affect the general public, only the limited group of shareholders and their potential transferees. However, the costs of compliance are borne entirely by the parties to each transfer. There is no cost to the government or the trust beyond administrative processing. The requirement for certified copies and statutory declarations imposes a small but real cost: a justice of the peace or other authorised person may charge a fee for witnessing or certifying, and the parties must spend time preparing the documents.

The regulations create duties of compliance for both parties to a share transfer, and they recognise the trust’s right to refuse or void a transfer based on false information.

The transferor must complete Part A of the prescribed form (Steps 1 to 4), providing their full name, other names, date of birth, address, email, phone number, and selecting the trust and the number and share numbers being transferred. They must provide a certified copy of an identity document from the prescribed list. They must specify the relationship with the transferee by checking one option in Column 1 or Column 2. For a sale, they must state the total value of shares transferred and the total amount paid, and the form notes the requirement to follow the Act’s sale procedure and use the auditor‑fixed price. The transferor must then make a statutory declaration stating the number of shares, relationship (if applicable), compliance with sale provisions or that the transfer is without consideration, and that the transfer is in accordance with the Act and regulations. Finally, they must sign the form.

The transferee must complete Part B (Steps 5 to 7), providing their own personal details, a certified copy of identity documents, and confirming acceptance of the shares. They must also make a statutory declaration with the same content as the transferor’s declaration, including the relationship statement if required by regulation 6(3). The transferee signs the form in Step 9.

Both parties have the right to have the transfer processed by the trust if they comply with the regulations. The form warns that the trust may refuse to make the transfer or void it and the entries in the register of members if false information is supplied. This is not a penalty imposed by the regulations themselves but a contractual or trust‑based remedy. The trust likely has discretion, subject to natural justice and any provisions in the Act or trust deed.

The trust has the duty to receive the application and supporting documents and to decide whether to accept the transfer. The regulations do not prescribe a time frame or a right of appeal. The trust also has the duty (through its auditor) to fix the price of shares for sale, though that duty arises from the Act, not the regulations.

Parties have no right to transfer shares to someone outside the eligible categories in section 14(2). The regulations do not expand or restrict eligibility; they merely require verification of eligibility through the relationship statement and the statutory declarations.

The regulations themselves do not create any penalties. No penalty unit amounts are specified, no infringement notices are authorised, and no offence provisions appear in the text. The enforcement mechanism is indirect and arises from two sources: the Oaths and Affirmations Act 2018 and the trust’s own powers.

First, the statutory declarations required by the regulations must be made in accordance with Part 4 of the Oaths and Affirmations Act 2018. Under that Act, knowingly making a false statutory declaration is a criminal offence. Step 8 of the form explicitly warns: “You can be charged with a criminal offence if the information is false.” This is the most serious enforcement consequence. The penalty is not specified in the regulations, but the Oaths and Affirmations Act provides for fines and imprisonment.

Second, the form states that the trust may refuse to make the transfer or void the transfer and the entries in the register of members if false information is supplied. This is a private remedy rather than a state‑imposed penalty. It allows the trust to unwind a transfer that was procured by fraud or misrepresentation, restoring the status quo. The trust could also potentially seek damages or other remedies under general law for deceit or breach of contract, but the regulations do not address that.

The regulations do not give any government agency a direct enforcement role. There is no requirement to lodge the instrument with any public register. The enforcement burden lies with the trust’s committee of management, which must review the form, declarations, and supporting documents, and make a decision. The trust’s ability to enforce effectively depends on its resources and the accuracy of the documents it receives. The trust has no power to investigate the truth of statutory declarations beyond what appears on their face, so enforcement against false statements depends on self‑reporting or later discovery.

The lack of a time limit or appeal mechanism means that if the trust refuses a transfer, the parties have no clear avenue under the regulations to challenge the refusal. They might have rights under the Act or under general administrative law if the trust is a public body, but the regulations are silent.

The potential for enforcement action is therefore real but limited. The main deterrent is the criminal offence for false statutory declarations. The trust’s ability to void a transfer is a practical remedy that protects the integrity of the share register.

The regulations are made under section 28 of the Aboriginal Lands Act 1970 and serve to flesh out the procedural requirements of sections 13 and 14 of that Act. Section 13(1) requires that a transfer of shares be effected by an instrument in the prescribed form and accompanied by the prescribed supporting documents and information. The regulations supply those prescriptions. The Act itself contains the substantive rules on eligibility, sale procedures, price fixing by the auditor, and the effect of transfers. The regulations do not modify any of those rules.

The Oaths and Affirmations Act 2018 is directly incorporated by reference in two respects. First, regulation 6(4) requires that certified copies be certified in accordance with Part 5 of that Act. This sets the standard for who can certify copies (e.g., justices of the peace, commissioners for declarations, police officers, certain court officials) and the form of certification. Second, Step 8 of the form requires that the statutory declarations be made in accordance with Part 4 of that Act. The Oaths and Affirmations Act governs the form, witnessing, and penalties for false declarations.

The identification documents listed in regulation 6(2) are defined by reference to other Victorian and Commonwealth Acts. For example, “Australian driver licence within the meaning of the Road Safety Act 1986” means that the definition of that licence in the Road Safety Act applies. Similarly, “health care card … within the meaning of the Social Security Act 1991 of the Commonwealth” imports the Commonwealth definition. This cross‑referencing is efficient but means that any amendment to those definitions in the parent Acts will automatically affect what documents are acceptable under the regulations. Practitioners need to monitor not just these regulations but also the referenced Acts.

The Subordinate Legislation Act 1994 provides the sunset date: the regulations will automatically repeal on 20 May 2035 unless remade. This is a standard provision for Victorian statutory rules. The Interpretation of Legislation Act 1984 governs how the regulations are read (style changes, headings as part of the instrument, etc.).

The regulations do not interact with the Corporations Act 2001 or any general company law, because the trusts are not companies and shares are not securities under that Act. They do not interact with land titles legislation, because the trust holds the land and shares represent membership, not a direct interest in land.

The regulations are silent on how they interact with any previous Aboriginal Lands Regulations. The endnotes show no amendments, and the sunset provision suggests these are a fresh remake of earlier regulations that would have sunsets. Users should determine whether prior regulations were in force and have been revoked or expired. The Act may contain transitional provisions, but the regulations do not mention them.

The Aboriginal Lands Regulations 2025 is a brand‑new statutory instrument with version 001. The Table of Amendments in the endnotes confirms that there have been no amendments made to these regulations by statutory rules, subordinate instruments, or Acts. They were made on 20 May 2025 by the Lieutenant‑Governor as the Governor’s deputy, with the advice of the Executive Council, and came into operation on 28 May 2025. The regulations will sunset on 20 May 2035. No amending instruments have been published as at the version date.

Because this is the first version, there is no history of repeals, substitutions, or insertions. The regulations stand alone. However, they likely replace an earlier set of Aboriginal Lands Regulations that would have been in force under the same Act. The endnotes do not identify those prior regulations or their repeal. Practitioners should verify whether the previous regulations have been revoked by the making of these regulations or by a separate instrument. If the prior regulations have sunset, these regulations fill the gap. If the prior regulations remain in force, there could be two sets of regulations applying to different time periods, but that is improbable given that the new instrument expressly states it comes into operation on 28 May 2025 under the Act.

The lack of amendment history means the regulations are untested. No judicial consideration has yet been applied to them. Any litigation that arises will face a clean slate.

The source contains no reference to any litigation concerning the Aboriginal Lands Regulations 2025. This is unsurprising given that the regulations came into operation only on 28 May 2025. There is no record of any court or tribunal decision interpreting the form, the identity document requirements, or the statutory declaration provisions.

It is possible that earlier iterations of the Aboriginal Lands Regulations (now superseded) were the subject of litigation. The Aboriginal Lands Act 1970 has been in force for over 50 years, and disputes about share transfers may have arisen. However, the regulations themselves are procedural and narrowly drawn, so litigation is more likely to centre on the substantive provisions of the Act, such as who is eligible to hold shares or the validity of a sale under section 14. The regulations would be relevant only to the question of whether the prescribed form and documents were properly provided.

Potential future litigation could arise if a trust refuses to register a transfer on the grounds that the identity documents were not certified in accordance with the Oaths and Affirmations Act, or that the statutory declarations lacked the required relationship statement. A court would then need to construe the regulations strictly. Given the prescriptive nature of the form, parties might argue substantial compliance versus strict compliance. The regulations do not contain any “substantial compliance” saving provision, so strict compliance may be required.

Another area of potential dispute is the interpretation of the phrase “person referred to in section 14(2)(d) of the Act” in regulation 6(3). The Act is not reproduced in the regulations, but the form lists recipients in Column 2 as “The Trust”, “Trust member”, and “The Crown in right of the Commonwealth or the State”. It is unclear whether all three categories fall within section 14(2)(d) or only some. The regulation requires a relationship statement for transfers under that provision, yet a transfer to the trust or the Crown does not involve a personal relationship. This is a drafting ambiguity that could be litigated.

Several features of the regulations and the form are traps for the unwary.

Certified copies must comply with the Oaths and Affirmations Act Part 5, not just any certification. A simple witness signature saying “certified true copy” is insufficient if the witness is not authorised under that Part. The list of authorised persons is not in the regulations, so users must look up the Oaths and Affirmations Act. The form’s note provides a link to the Department of Justice and Community Safety website but does not reproduce the list. Parties who use a neighbour or colleague to certify a copy risk having the transfer rejected.

The statutory declaration must contain all five listed statements. The form at Step 8 lists the mandatory content: number of shares, relationship (if applicable), compliance with section 14 if a sale, statement that the transfer is not a sale or exchange for consideration (if not a sale), and a statement that the transfer is in accordance with the Act and regulations. If a party omits any one of these, the trust may refuse the transfer. The statutory declaration is a separate document, not part of the form; the form itself does not provide a template. Parties must draft their own declaration or use a separate template. This is an extra step that can easily be done incorrectly.

The relationship statement is required for transfers under section 14(2)(d), but that provision is ambiguous. Regulation 6(3) says that for a transfer to a person referred to in section 14(2)(d), the statutory declarations must include a statement verifying the relationship between transferor and transferee. The form’s Step 8 says the statutory declaration must state the relationship “if the shares are being transferred to a person listed in Column 1 under Step 3”. Column 1 lists relatives; Column 2 lists the trust, trust member, and Crown. The regulation seems to require a relationship statement for transfers to people in Column 2 (trust members) as well, but a trust member may not have a familial relationship. This mismatch could cause confusion: if transferring to a trust member who is a relative, the statement is straightforward; if to a trust member who is not a relative, what relationship does one state? “Trust member” is not a relationship. This could be a drafting error. Until clarified, parties transferring to a trust member should include a statement explaining the connection (e.g., “the transferee is a member of the Framlingham Aboriginal Trust”).

The three‑month offer period and auditor‑fixed price apply to sales, but the regulations do not repeat them. The form’s note in Step 4 is part of the prescribed form, so it has legal effect. Selling a share without first offering it to the trust and using the auditor’s price will breach the Act and probably invalidate the transfer. The regulations themselves do not state this; only the form does. A user who skips the notes and just fills out the boxes might inadvertently violate the Act.

No time limit for trust processing. The trust could take months or years to approve a transfer. The regulations impose no obligation to act within a reasonable time. The parties have no statutory right to compel a decision. This is a significant compliance risk for someone wanting a quick transfer.

The regulations do not cover transfers of partially paid shares or other special cases. The form assumes a simple transfer of whole shares. If shares have any peculiarities (e.g., liens, debts, joint holders), the regulations provide no guidance. The trust may have its own rules, but the legislated procedure is silent.

The sunset date. If the regulations are not remade before 20 May 2035, the prescribed form and supporting documents will cease to exist, and transfers under section 13 of the Act may become impossible. Anyone planning long‑term succession should be aware of this.

Identity documents must be from the prescribed list. A foreign passport, driver licence, or identity card is not acceptable unless it falls within one of the ten categories (e.g., Australian passport, Australian citizenship certificate). Australian permanent residents without Australian citizenship or a standard driver licence may struggle to find an acceptable document.

Compliance with the regulations involves a step‑by‑step process for each share transfer.

1. Determine the nature of the transfer. If it is a sale, first comply with section 14 of the Act: make a written offer to the trust or a nominee, at a price fixed by the trust’s auditor. Wait three months for acceptance. If no acceptance, proceed. If the transfer is a gift or other non‑sale, ensure no consideration passes.

2. Obtain the prescribed form (Schedule 1 of the regulations). A copy should be available from the trust office or the Victorian legislation website. Use the exact form; do not modify it.

3. Both transferor and transferee must each obtain a certified copy of an identity document from the list in regulation 6(2). The copy must be certified in accordance with Part 5 of the Oaths and Affirmations Act 2018. This means taking the original document and a photocopy to an authorised person (e.g., a justice of the peace, a police officer, a commissioner for declarations) who will compare the copy to the original and sign and stamp the copy.

4. Complete Part A (transferor) and Part B (transferee) of the form. Provide full name, any other names, date of birth, address, email, and phone number. Select the trust and the number and range of share numbers. For sales, insert the total value and amount paid. Check the relevant box for the relationship in Step 3 (Column 1 for relatives, Column 2 for trust, trust member, or Crown).

5. Each party must prepare a statutory declaration in accordance with Part 4 of the Oaths and Affirmations Act. The declaration must state: (a) the number of shares transferred; (b) if the transfer is to a Column 1 relative, the relationship; (c) if a sale, that the sale is in accordance with section 14 of the Act; (d) if not a sale, that the transfer is not a sale or exchange for consideration; and (e) that the transfer is made in accordance with the Act and the regulations. If the transfer is to a person under section 14(2)(d) (likely a trust member), regulation 6(3) requires a statement verifying the relationship between transferor and transferee in both declarations - include that even if the person is not a relative, by stating the connection (e.g., “the transferee is a member of the trust”).

6. Sign the form in Step 9 in front of the authorised witness, and sign the statutory declarations in front of the witness. Do not sign the declarations beforehand.

7. Assemble: the completed form, the two certified identity copies, and the two statutory declarations. Use the checklist in Step 10.

8. Submit the package to the relevant trust office (Framlingham or Lake Tyers). Keep copies for your records.

9. Wait for the trust to process. If the trust refuses or voids the transfer due to alleged false information, consider seeking legal advice. The regulations provide no appeal mechanism, but the Act or general law may offer remedies.

Compliance is a one‑off per transfer. The administrative cost is modest but not trivial: locating an authorised witness, obtaining certified copies, and drafting statutory declarations. For shareholders making multiple transfers, the process repeats each time. There is no exemption for small transfers or transfers between close family members; full documentation is required in all cases.