Commonwealth Consolidated Acts

ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 - SECT 9

             (1)  Where, at any time after the Schedule Land has become Aboriginal Land, the Minister becomes satisfied that:

                     (a)  vacant Crown land in the Territory that adjoins Aboriginal Land is of significance to the Aboriginals who are members of the Community; and

                     (b)  it would be appropriate to grant the first-mentioned land to the Council;

the Minister may, by instrument in writing specifying the first-mentioned land, declare that the first-mentioned land is Aboriginal Land.

             (2)  The Minister shall, as soon as practicable after making an instrument under subsection (1):

                     (a)  cause a copy of the instrument to be published in the Gazette ; and

                     (b)  cause a copy of the instrument to be laid before each House of the Parliament.

             (3)  Either House of the Parliament, within 15 sitting days of that House after a copy of an instrument has been laid before that House under subsection (2), may, in pursuance of a motion upon notice, pass a resolution disallowing the instrument.

             (4)  Where:

                     (a)  a notice referred to in subsection (3) is given with respect to an instrument; and

                     (b)  at the expiration of the period during which a resolution disallowing the instrument could have been passed:

                              (i)  the notice has not been withdrawn and the relevant motion has not been called on; or

                             (ii)  the relevant motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;

the instrument shall be deemed to have been disallowed.

             (5)  If:

                     (a) neither House of the Parliament passes a resolution in accordance with subsection (3) disallowing an instrument made under subsection (1); and

                     (b)  the instrument has not been deemed to have been disallowed under subsection (4);

the instrument takes effect, and the land specified in the instrument becomes Aboriginal Land, on the day immediately following the last day upon which a resolution disallowing the instrument could have been passed.

             (6)  If, before the expiration of 15 sitting days of a House of the Parliament after a copy of an instrument made under subsection (1) has been laid before that House:

                     (a)  the House of Representatives is dissolved or expires, or the Parliament is prorogued; and

                     (b)  a resolution for the disallowance of the instrument has not been passed by the first-mentioned House;

the copy of the instrument shall, for the purposes of this section, be deemed to have been laid before that first-mentioned House on the first sitting day of that first-mentioned House after the dissolution, expiry or prorogation, as the case may be.

             (7)  Where an instrument made under subsection (1) takes effect, the Minister shall cause a notice to that effect to be published in the Gazette.

             (8)  Any failure to comply with the requirements of subsection (7) does not affect the operation of subsection (5).