110Disposing, charging or dealing with prescribed property

110 Disposing, charging or dealing with prescribed property (1) An incorporated association must not dispose of, charge or otherwise deal with any prescribed property contrary to this section. (2) An Aboriginal or Torres Strait Islander corporation must not dispose of, charge or otherwise deal with prescribed property that is community land contrary to this section. (3) Subject to subsections (13) and (14) and section 77, any disposal, charge or dealing of the prescribed property contrary to this section is void. (4) The disposal, charge or other dealing of the prescribed property requires the consent of the Minister and must be conducted in accordance with any conditions the Minister imposes on that consent. (5) The Minister may consent to the disposal, charge or dealing of the prescribed property in accordance with this section. (6) Despite subsections (4) and (8), the following transactions do not require consent of the Minister under this section: (a) a disposal of prescribed property to the Territory; (b) a charge on prescribed property as security for a loan or other benefit by the Territory; (c) a lease or sublease of prescribed property for a term of 12 months or less; Associations Act 2003 74 (d) a disposal of, charge on or other dealing with a lease referred to in: (i) section 6 of the Special Purposes Leases Act 1953; or (ii) section 46 of the Crown Lands Act 1992. Note for subsection (6)(d) These transactions already require the consent of the Minister responsible for those Acts. (7) A copy of any consent given by a Minister under section 6 of the Special Purposes Leases Act 1953 or section 46 of the Crown Lands Act 1992 must be given by the Agency responsible for that Act to the Director as soon as practicable. (8) The Minister must not consent to the disposal, charge or dealing of prescribed property that is community land, unless it is for one of the following purposes: (a) to register an easement or easement in gross under the Land Title Act 2000; (b) to give effect to a recommendation under section 114 of the Pastoral Land Act 1992 in relation to an abandoned Aboriginal community living area; (c) to transfer an estate in fee simple in the land to an incorporated association, an incorporated trading association or an Aboriginal or Torres Strait Islander corporation, formed for objects similar to the objects of, and having substantially the same members as, the association or corporation from which the estate is to be transferred; (d) to grant a lease of or licence to part of the land to enable the provision of health, education or housing services or the offering of financial services by an ADI to a class of persons that includes the members of the incorporated association or Aboriginal or Torres Strait Islander corporation seeking to grant the lease or licence; (e) to grant a lease of or licence to part of the land for any use or development allowed for the land under the Planning Act 1999. (9) Despite subsections (4) and (8), the consent of the Minister is not required for a lease or licence referred to in subsection (8)(d) or (e) with a term of 10 years or less. Associations Act 2003 75 (10) If the prescribed property to be disposed of, charged or otherwise dealt with was acquired wholly or partly from or using funds obtained under a grant from the Commonwealth, the Minister must not give consent under this section unless the Minister: (a) gives the Commonwealth reasonable notice of the Minister's intention to give consent with an invitation to submit comments within a specified period; and (b) considers any submissions made by the Commonwealth within the specified period. (11) Unless otherwise provided by the Minister in a consent, the following are taken to be prescribed property: (a) any property exchanged for the prescribed property disposed, charged or otherwise dealt with; (b) any funds realised on the disposal of prescribed property; (c) any property acquired wholly or partly from funds referred to in paragraph (b). (12) An incorporated association must keep and maintain a register of its prescribed property in accordance with the Regulations. (13) The Minister may consent to a purported disposal, charge or dealing of prescribed property after it occurs if the Minister is of the opinion that refusing consent would, in the circumstances, be unjust to all parties to the purported disposal, charge or dealing. (14) Any disposal, charge or dealing consented to by the Minister under subsection (13) is taken to be valid and effective on and from the day on which the purported disposal, charge or dealing occurred. (15) To avoid doubt, any disposal, charge or dealing of prescribed property validly made in accordance with this section as in force before 17 July 2022 remains valid. (16) In this section: Aboriginal or Torres Strait Islander corporation, see section 16-5 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth). Associations Act 2003 76 community land means land granted for an Aboriginal community living area under: (a) Part IV of the Crown Lands Act 1931 before the commencement of the Pastoral Land Act 1992; or (b) Part 8 of the Pastoral Land Act 1992.