Treaty Authority and Other Treaty Elements Act 2022
No. 33 of 2022
Version incorporating amendments as at
14 November 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 2
1 Purposes 2
2 Commencement 2
3 Definitions 2
4 Construction of Act 3
5 Act ceases effect when Treaty Authority is dissolved in accordance with the Treaty Authority Agreement 3
Part 2—The Treaty Authority 4
Division 1—Legal capacity, functions and powers 4
6 What is the Treaty Authority*?* 4
7 Legal capacity of Treaty Authority 4
8 Additional functions of Treaty Authority 4
8A Functions of the Treaty Authority under Statewide Treaty Act 2025 or other Acts 5
9 Powers of Treaty Authority 5
10 Performance of functions and exercise of powers within and outside Victoria 5
11 Execution of documents (including deeds) by Treaty Authority 6
12 Signed documents presumed to be validly executed documents of Treaty Authority 6
13 Recording of dealings on Register under Transfer of Land Act 1958 6
Division 2—Specific powers 7
14 Employment of staff and engagement of consultants 7
15 Delegation 7
Division 3—Financial 8
16 Funding of certain activities and expenditures out of the Consolidated Fund 8
17 Liabilities of Treaty Authority 10
Division 4—Members and employees of the Treaty Authority 10
18 Immunity 10
Division 5—Financial reporting 11
19 Financial Management Act 1994 to apply to Treaty Authority 11
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Endnotes 12
1 General information 12
2 Table of Amendments 14
3 Explanatory details 15
Version No.003
Treaty Authority and Other Treaty Elements Act 2022
No. 33 of 2022
Version incorporating amendments as at
14 November 2025
Preamble
By this Act, Aboriginal Victorians and the State take another step on the pathway towards treaty by making provision in relation to the Treaty Authority. The Treaty Authority is a necessary element in advancing the treaty process and has the functions given by section 28 of the . To perform these functions, the Treaty Authority must be, and must be perceived to be, independent from and free of interference by any party to the treaty process. To secure this independence, the Treaty Authority is established by the Treaty Authority Agreement made under Part 4 of the . The First Peoples' Assembly of Victoria, as the Aboriginal Representative Body under the , and the State have come together as 2 equal parties to establish the Treaty Authority by agreement. Under the Treaty Authority Agreement, the Treaty Authority comprises individuals whose collective wisdom and guidance will enable treaty negotiations to proceed on equal footing and with respect for Aboriginal lore, law and cultural authority. This Act upholds the independence of the Treaty Authority, gives legal force to the Treaty Authority's dealings and relationships and exists alongside the .
Advancing the Treaty Process with Aboriginal Victorians Act 2018
Advancing the Treaty Process with Aboriginal Victorians Act 2018
Advancing the Treaty Process with Aboriginal Victorians Act 2018
Advancing the Treaty Process with Aboriginal Victorians Act 2018
The Parliament of Victoria therefore enacts:
Part 1—Preliminary
1 Purposes
The purposes of this Act are—
(a) to make provision in relation to the Treaty Authority by—
(i) recognising the Treaty Authority's establishment under the Treaty Authority Agreement; and
(ii) facilitating the operation of the Treaty Authority by giving legal force to its activities; and
(b) to amend the Advancing the Treaty Process with Aboriginal Victorians Act 2018 in relation to the treaty negotiation framework and the administration of the self‑determination fund.
2 Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
3 Definitions
In this Act—
function, of the Treaty Authority, means—
(a) a function referred to in section 28(1) or (2) of the Advancing the Treaty Process with Aboriginal Victorians Act 2018; or
(b) a function referred to in section 8;
member of the Treaty Authority—see section 6(2);
Treaty Authority—see section 6;
Treaty Authority Agreement means the agreement establishing the Treaty Authority entered into by the Aboriginal Representative Body and the State pursuant to section 27 of the Advancing the Treaty Process with Aboriginal Victorians Act 2018.
4 Construction of Act
This Act is to be read as if it formed part of the Advancing theTreaty Process with Aboriginal Victorians Act 2018.
5 Act ceases effect when Treaty Authority is dissolved in accordance with the Treaty Authority Agreement
This Act ceases effect on the day on which the Treaty Authority is dissolved in accordance with the Treaty Authority Agreement.
Part 2—The Treaty Authority
Division 1—Legal capacity, functions and powers
6 What is the Treaty Authority*?*
(1) The Treaty Authority is the entity established under the Treaty Authority Agreement.
(2) For the purposes of this Act, the Treaty Authority consists of the requisite number of members (including acting members), as specified under the Treaty Authority Agreement, who are appointed, from time to time, in accordance with the Treaty Authority Agreement.
7 Legal capacity of Treaty Authority
(1) The Treaty Authority—
(a) subject to this Act, has perpetual succession as if it were a body corporate; and
(b) may sue and be sued in its name; and
(c) subject to this Act, may acquire or hold (whether on trust or absolutely) and dispose of real and personal property in its name.
(2) The Treaty Authority has the legal capacity of an individual and may do and suffer all acts and things that a body corporate may by law do and suffer.
8 Additional functions of Treaty Authority
Without limiting section 28 of the Advancing the Treaty Process with Aboriginal Victorians Act 2018, the Treaty Authority has any other function agreed to by the parties under the Treaty Authority Agreement before, on or after the commencement of this section.
S. 8A inserted by No. 45/2025 s. 229.
8A Functions of the Treaty Authority under Statewide Treaty Act 2025 or other Acts
Without limiting section 8 or section 28 of the Advancing the Treaty Process with Aboriginal Victorians Act 2018, the Treaty Authority has any other functions conferred on it by or under the Statewide Treaty Act 2025 or any other Act.
9 Powers of Treaty Authority
(1) The Treaty Authority has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.
(2) Without limiting subsection (1), the Treaty Authority may—
(a) enter into any agreements or arrangements in connection with its functions; and
(b) participate in the formation of companies, trusts, partnerships and other bodies; and
(c) become a member of a company limited by guarantee; and
(d) acquire, hold and dispose of company shares or an interest in a partnership or other body; and
(e) act as trustee.
10 Performance of functions and exercise of powers within and outside Victoria
The Treaty Authority may perform its functions and exercise its powers—
(a) within and outside Victoria; and
(b) outside Australia.
11 Execution of documents (including deeds) by Treaty Authority
(1) The Treaty Authority may execute a document if the document is signed by 2 members of the Treaty Authority.
(2) The Treaty Authority may execute a document as a deed if the document is expressed to be executed as a deed and is executed in accordance with subsection (1).
(3) The Treaty Authority may execute a document as a deed in accordance with subsection (1) without that execution being witnessed.
(4) Delivery is not necessary if the Treaty Authority executes a document as a deed in accordance with subsection (1).
12 Signed documents presumed to be validly executed documents of Treaty Authority
If a document purports to have been signed by 2 members of the Treaty Authority, it is presumed, unless the contrary is proved, that—
(a) the document was signed by each of those persons in their capacity as members of the Treaty Authority; and
(b) the persons were each a member of the Treaty Authority when the document was signed; and
(c) the document was duly executed by the Treaty Authority.
13 Recording of dealings on Register under Transfer of Land Act 1958
(1) If the Treaty Authority acquires any land, any recording in the Register by the Registrar of Titles of the acquisition must be made in the name of the Treaty Authority as registered proprietor as if the Treaty Authority were a body corporate.
(2) If the Treaty Authority disposes of or otherwise deals with any land held in the name of the Treaty Authority, any recording in the Register by the Registrar of Titles of the disposition or dealing must be made in the name of the Treaty Authority as if the Treaty Authority were a body corporate.
(3) If the Treaty Authority lodges with the Registrar of Titles any dealing in relation to any land, the Registrar must make any recording in the Register in relation to that dealing in the name of the Treaty Authority as if the Treaty Authority were a body corporate.
(4) In this section—
Register means the Register under the Transfer of Land Act 1958.
Division 2—Specific powers
14 Employment of staff and engagement of consultants
Without limiting section 9(1), the Treaty Authority may—
(a) employ any employees that are necessary to enable it to perform its functions or to exercise its powers; and
(b) engage consultants to assist with the performance of its functions or the exercise of its powers.
15 Delegation
The Treaty Authority, by instrument, may delegate a function or power of the Treaty Authority under this Act (other than this power of delegation) to a member or employee of, or consultant engaged by, the Treaty Authority.
Division 3—Financial
16 Funding of certain activities and expenditures out of the Consolidated Fund
(1) Subject to subsection (2), in the 2022–2023 financial year and in every financial year after that year, there is to be paid out of the Consolidated Fund (which is appropriated to the necessary extent) an amount to be applied towards—
(a) the payment of the remuneration of and expenses to members of the Treaty Authority in the financial year in which the amount is appropriated; and
(b) fulfilling liabilities incurred by the Treaty Authority arising out of the performance of its functions or the exercise of its powers, or that attach to the Treaty Authority under section 18, that become payable in the financial year in which the amount is appropriated; and
(c) meeting costs incurred in relation to liabilities referred to in paragraph (b).
(2) An amount that is appropriated for the purposes of subsection (1) must not exceed the amount specified in column 3 of the Table for the financial year specified in column 2 of the Table opposite that amount.
Table
Column 1 Item
Column 2 Financial year
Column 3 Maximum appropriated amount
1
2022–2023
$6 500 000
2
2023–2024
$14 500 000
3
2024–2025
$19 200 000
4
2025–2026 and every financial year after 2025–2026
$20 300 000
(3) Subject to subsection (4), in the financial years 2022–2023 to 2025–2026 there is to be paid out of the Consolidated Fund (which is appropriated to the necessary extent) an amount for use as capital expenditure by the Treaty Authority in the financial year in which the amount is appropriated.
(4) An amount that is appropriated for the purposes of subsection (3) must not exceed the amount specified in column 3 of the Table for the financial year specified in column 2 of the Table opposite that amount.
Table
Column 1 Item
Column 2 Financial year
Column 3 Maximum appropriated amount
1
2022–2023
$800 000
2
2023–2024
$1 700 000
3
2024–2025
$1 700 000
4
2025–2026
$1 700 000
(5) The Minister and Treasurer may agree for amounts, in addition to those appropriated under subsection (1) or (3), to be paid in a financial year to the Treaty Authority for specified purposes.
(6) The Treasurer must publish notice of an agreement under subsection (5) in the Government Gazette.
(7) A notice under subsection (6) must specify—
(a) the amount agreed by the Minister and Treasurer to be paid to the Treaty Authority; and
(b) the purpose for the payment of the amount; and
(c) the financial year in which the amount is to be paid to the Treaty Authority.
(8) On publication of a notice under subsection (6), there is to be paid out of the Consolidated Fund (which is appropriated to the necessary extent), in the financial year specified in the notice, the amount specified in the notice for payment to the Treaty Authority.
17 Liabilities of Treaty Authority
(1) A liability incurred as a result of the performance of a function or exercise of a power by the Treaty Authority is to be fulfilled through the application of the property of the Treaty Authority to that liability.
(2) A member of the Treaty Authority is not personally liable for anything done or omitted to be done by the Treaty Authority in the performance of a function or the exercise of a power by the Treaty Authority.
Division 4—Members and employees of the Treaty Authority
18 Immunity
(1) A member of the Treaty Authority, or an employee of the Treaty Authority, is not personally liable for anything done or omitted to be done in good faith—
(a) in the performance of a function or exercise of a power under a delegation under section 15; or
(b) in the reasonable belief that the act or omission was in the performance of a function or the exercise of a power under a delegation under section 15.
(2) Any liability resulting from an act or omission that, but for subsection (1), would attach to a person to whom this section applies attaches instead to the Treaty Authority.
Division 5—Financial reporting
19 Financial Management Act 1994 to apply to Treaty Authority
Section 53A of the Financial Management Act 1994 applies to the Treaty Authority as if—
(a) subsections (1) and (2) of that section were omitted; and
(b) in subsections (3) to (7) of that section, a reference to a "body to which this section applies", "the body" or "that body" were a reference to the Treaty Authority.
Pt 3 (Heading and ss 20–22) repealed by No. 33/2022 s. 22.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 8 June 2022
Legislative Council: 23 June 2022
The long title for the Bill for this Act was "A Bill for an Act to provide for various matters in relation to the Treaty Authority, to amend the Advancing the Treaty Process with Aboriginal Victorians Act 2018 and for other purposes."
The Treaty Authority and Other Treaty Elements Act 2022 was assented to on 23 August 2022 and came into operation on 24 August 2022: section 2.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Treaty Authority and Other Treaty Elements Act 2022 by Acts and subordinate instruments.