Title: Anangu Pitjantjatjara Yankunytjatjara Land RightsAct 1981
Author: Office of Parliamentary Counsel
Category: historical
Document comments: 27.10.2005 to 3.9.2006

Historical version: 27.10.2005 to 3.9.2006

Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981—27.10.2005 to 3.9.2006

27.10.2005 to 3.9.2006—Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981

Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981—27.10.2005 to 3.9.2006
Part 1—Preliminary

27.10.2005 to 3.9.2006—Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981
Preliminary—Part 1

Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981—27.10.2005 to 3.9.2006
Part 2—Anangu Pitjantjatjara Yankunytjatjara
Division 1—Constitution of Anangu Pitjantjatjara Yankunytjatjara as body corporate

27.10.2005 to 3.9.2006—Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981
Anangu Pitjantjatjara Yankunytjatjara—Part 2
Constitution of Anangu Pitjantjatjara Yankunytjatjara as body corporate—Division 1

Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981—27.10.2005 to 3.9.2006
Part 2—Anangu Pitjantjatjara Yankunytjatjara
Division 2—Powers and functions of Anangu Pitjantjatjara Yankunytjatjara

27.10.2005 to 3.9.2006—Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981
Anangu Pitjantjatjara Yankunytjatjara—Part 2
Powers and functions of Anangu Pitjantjatjara Yankunytjatjara—Division 2

Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981—27.10.2005 to 3.9.2006
Part 2—Anangu Pitjantjatjara Yankunytjatjara
Division 3—General meetings of Anangu Pitjantjatjara Yankunytjatjara

27.10.2005 to 3.9.2006—Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981
Anangu Pitjantjatjara Yankunytjatjara—Part 2
General meetings of Anangu Pitjantjatjara Yankunytjatjara—Division 3

Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981—27.10.2005 to 3.9.2006
Part 2—Anangu Pitjantjatjara Yankunytjatjara
Division 4—The Executive Board of Anangu Pitjantjatjara Yankunytjatjara

27.10.2005 to 3.9.2006—Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981
Anangu Pitjantjatjara Yankunytjatjara—Part 2
The Executive Board of Anangu Pitjantjatjara Yankunytjatjara—Division 4

Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981—27.10.2005 to 3.9.2006
Part 2—Anangu Pitjantjatjara Yankunytjatjara
Division 4A—Director of Administration and General Manager

27.10.2005 to 3.9.2006—Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981
Anangu Pitjantjatjara Yankunytjatjara—Part 2
Director of Administration and General Manager—Division 4A

Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981—27.10.2005 to 3.9.2006
Part 2—Anangu Pitjantjatjara Yankunytjatjara
Division 4B—Limited intervention by Minister

27.10.2005 to 3.9.2006—Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981
Anangu Pitjantjatjara Yankunytjatjara—Part 2
Limited intervention by Minister—Division 4B

Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981—27.10.2005 to 3.9.2006
Part 2—Anangu Pitjantjatjara Yankunytjatjara
Division 5—The approved constitution

27.10.2005 to 3.9.2006—Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981
Anangu Pitjantjatjara Yankunytjatjara—Part 2
The approved constitution—Division 5

Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981—27.10.2005 to 3.9.2006
Part 3—The lands
Division 1—Vesting of the lands in Anangu Pitjantjatjara Yankunytjatjara

27.10.2005 to 3.9.2006—Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981
The lands—Part 3
Vesting of the lands in Anangu Pitjantjatjara Yankunytjatjara—Division 1

Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981—27.10.2005 to 3.9.2006
Part 3—The lands
Division 2—Entry to the lands

27.10.2005 to 3.9.2006—Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981
The lands—Part 3
Entry to the lands—Division 2

Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981—27.10.2005 to 3.9.2006
Part 3—The lands
Division 3—Mining operations on the lands

27.10.2005 to 3.9.2006—Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981
The lands—Part 3
Mining operations on the lands—Division 3

Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981—27.10.2005 to 3.9.2006
Part 3—The lands
Division 4—The Mintabie precious stones field

27.10.2005 to 3.9.2006—Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981
The lands—Part 3
The Mintabie precious stones field—Division 4

Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981—27.10.2005 to 3.9.2006
Part 3—The lands
Division 5—Right of the Crown to continue in occupation of certain parts of the lands

27.10.2005 to 3.9.2006—Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981
The lands—Part 3
Right of the Crown to continue in occupation of certain parts of the lands—Division 5

Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981—27.10.2005 to 3.9.2006
Part 3—The lands
Division 6—Construction of roads by the Commissioner of Highways

27.10.2005 to 3.9.2006—Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981
The lands—Part 3
Construction of roads by the Commissioner of Highways—Division 6

Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981—27.10.2005 to 3.9.2006
Part 4—Disputes

27.10.2005 to 3.9.2006—Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981
Disputes—Part 4

Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981—27.10.2005 to 3.9.2006
Part 5—Miscellaneous

27.10.2005 to 3.9.2006—Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981
Miscellaneous—Part 5

Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981—27.10.2005 to 3.9.2006
Schedule 1

27.10.2005 to 3.9.2006—Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981
Schedule 1

Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981—27.10.2005 to 3.9.2006
Schedule 2

27.10.2005 to 3.9.2006—Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981
Schedule 2

Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981—27.10.2005 to 3.9.2006
Schedule 3—Rules of election under section 9

27.10.2005 to 3.9.2006—Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981
Rules of election under section 9—Schedule 3

Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981—27.10.2005 to 3.9.2006
Legislative history

27.10.2005 to 3.9.2006—Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981
Legislative history

South Australia
Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981
An Act to provide for the vesting of title to certain lands in the people known as Anangu Pitjantjatjara Yankunytjatjara; and for other purposes.

Contents
Part 1—Preliminary
1	Short title
4	Interpretation
4A	Objects
Part 2—Anangu Pitjantjatjara Yankunytjatjara
Division 1—Constitution of Anangu Pitjantjatjara Yankunytjatjara as body corporate
5	Constitution of Anangu Pitjantjatjara Yankunytjatjara as body corporate
Division 2—Powers and functions of Anangu Pitjantjatjara Yankunytjatjara
6	Powers and functions of Anangu Pitjantjatjara Yankunytjatjara
7	Requirement of consultation
Division 3—General meetings of Anangu Pitjantjatjara Yankunytjatjara
8	Annual general meetings and special general meetings
Division 4—The Executive Board of Anangu Pitjantjatjara Yankunytjatjara
9	Executive Board of Anangu Pitjantjatjara Yankunytjatjara
9A	Offences relating to election of Executive Board
9B	Functions and powers of the Executive Board
9C	Chairperson and Deputy Chairperson
9D	Casual vacancies
9E	Remuneration
9F	Delegations
10	Procedure of the Executive Board
11	Minister may call meetings
12	Meetings to be open to all Anangu
12A	Advisory committees
12B	Duty to exercise care and diligence
12C	Duty to act honestly
12D	Duty with respect to conflict of interest
12E	Civil liability for contravention of section 12C or 12D
12F	Code of conduct
12G	Guidelines
12H	Prudential requirements for certain activities
13	Accounts and audit
13A	Reports and budget
Division 4A—Director of Administration and General Manager
13B	Director of Administration
13C	Functions of Director of Administration
13D	General Manager
13E	Functions of General Manager
13F	Director of Administration and General Manager subject to direction
13G	Termination of appointment of Director of Administration or General Manager by Executive Board
13H	Duty to exercise care and diligence
13I	Duty to act honestly
13J	Duty with respect to conflict of interest
13K	Civil liability for contravention of section 13I or 13J
13L	Appointment etc by General Manager
13M	Director of Administration, General Manager and employees of Anangu Pitjantjatjara Yankunytjatjara not subject to direction by member of Executive Board
Division 4B—Limited intervention by Minister
13N	Minister may direct Executive Board
13O	Minister may suspend Executive Board
13P	Use of facilities
13Q	Offences
Division 5—The approved constitution
14	Constitution
Part 3—The lands
Division 1—Vesting of the lands in Anangu Pitjantjatjara Yankunytjatjara
15	The Governor may grant certain land, in fee simple, to Anangu Pitjantjatjara Yankunytjatjara
16	Special provisions in relation to the land grant
17	Inalienability of land vested in Anangu Pitjantjatjara Yankunytjatjara in pursuance of this Part
Division 2—Entry to the lands
18	Rights of Anangu with respect to lands
19	Unauthorised entry on the lands
19A	Residence on the lands
Division 3—Mining operations on the lands
20	Mining operations on the lands
21	Interaction of this Act and Mining and Petroleum Acts
22	Royalty
23	Offence in relation to obtaining permission to carry out mining operations
24	Certain payments or other consideration to Anangu Pitjantjatjara Yankunytjatjara must represent fair compensation
Division 4—The Mintabie precious stones field
25	Special provisions relating to the Mintabie precious stones field
26	The Mintabie Consultative Committee
27	Exclusion of certain persons from the field
28	Annual licences and incidental rights for Mintabie residents
29	Interaction of this Division and the Mining Act
Division 5—Right of the Crown to continue in occupation of certain parts of the lands
30	Right of the Crown to continue its occupation of certain land
Division 6—Construction of roads by the Commissioner of Highways
31	Consent of Anangu Pitjantjatjara Yankunytjatjara required for road works
32	Proposals to carry out road works and arbitration of disputes
33	Road reserves
34	Consent not required for maintenance or repair of roads referred to in Schedule 2
Part 4—Disputes
35	Conciliator
36	Disputes
37	Order compelling compliance with direction of conciliator
Part 5—Miscellaneous
38	Summary offences
39	Power of court to order compensation in certain cases
40	Exemption of lands from land tax
41	Financial provision
42	Non-application of Outback Areas Community Development Trust Act
42A	Interaction between this Act and certain other Acts and laws
42B	Depasturing of stock
42C	Protection from personal liability
43	Regulations
Schedule 1
Schedule 2
Schedule 3—Rules of election under section 9
Part 1—Preliminary
1	Interpretation
Part 2—General rules relating to an election
2	Elections
3	Returning officer
4	Election timetable
5	Distribution of information
6	Eligibility and nominations
7	Uncontested elections
8	Voting
9	Counting of votes
Part 3—Declaration of results
15	Provisional declarations
16	Recounts
17	Declaration of results and certificate
Part 4—Disputed Returns
18	Constitution of Court
19	The clerk of the Court
20	Jurisdiction of the Court
21	Procedure upon petition
22	Powers of the Court
23	Illegal practices
24	Effect of decision
25	Participation of Anangu Pitjantjatjara Yankunytjatjara in proceedings
26	Right of appearance
27	Case stated
28	Costs
29	Rules of the Court
Part 5—Miscellaneous
30	Amendment of Schedule
31	Costs
Legislative history

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981.
4—Interpretation
	(1)	In this Act, unless the contrary intention appears—
Administrator means a person appointed under section 13O as an Administrator;
Anangu means a person who is—
	(a)	a member of the Pitjantjatjara, Yankunytjatjara or Ngaanyatjarra people; and
	(b)	a traditional owner of the lands, or a part of them;
Anangu Pitjantjatjara Yankunytjatjara means the body corporate constituted under that name by this Act;
the constitution means the constitution of Anangu Pitjantjatjara Yankunytjatjara for the time being in force under this Act;
Director of Administration means the person appointed as the Director of Administration under section 13B;
Electoral Commissioner means the person for the time being holding, or acting in, the office of the Electoral Commissioner under the Electoral Act 1985;
electorate—see Schedule 3 clause 2;
the Executive Board means—
	(a)	the Executive Board of Anangu Pitjantjatjara Yankunytjatjara constituted under this Act; or
	(b)	during a period prior to the constitution of that Board—the Pitjantjatjara Council;
General Manager means the person appointed as the General Manager under section 13D;
the lands means the lands described in Schedule 1 to this Act;
mining operations means operations authorised by or under the Mining Act 1971 or the Petroleum Act 1940;
mining tenement means a right, permit, claim, lease or licence under the Mining Act 1971 or the Petroleum Act 1940;
Mintabie resident means a person who—
	(a)	is entitled to enter and remain on the Mintabie precious stones field under Division 4 of Part 3; and
	(b)	resides or proposes to reside on the field;
petrol includes any volatile liquid containing hydrocarbons;
principal office of Anangu Pitjantjatjara Yankunytjatjara means the office specified in accordance with section 14(7);
road works means the construction, re-construction or repair of a road, or of related works;
traditional owner in relation to the lands means an Aboriginal person who has, in accordance with Aboriginal tradition, social, economic and spiritual affiliations with, and responsibilities for, the lands or any part of them.
	(2)	If a provision of this Act specifies that an act may be done or a resolution made by Anangu Pitjantjatjara Yankunytjatjara at an annual or special general meeting, that act may not be done, or the resolution made, by the Executive Board on behalf of Anangu Pitjantjatjara Yankunytjatjara.
4A—Objects
The objects of this Act are as follows:
	(a)	to provide for and subsequently acknowledge Anangu ownership of the lands;
	(b)	to establish Anangu Pitjantjatjara Yankunytjatjara as a body corporate and set out its powers and functions;
	(c)	to provide for efficient and accountable administration and management of the lands by Anangu Pitjantjatjara Yankunytjatjara.

Part 2—Anangu Pitjantjatjara Yankunytjatjara
Division 1—Constitution of Anangu Pitjantjatjara Yankunytjatjara as body corporate
5—Constitution of Anangu Pitjantjatjara Yankunytjatjara as body corporate
	(1)	The body corporate known as Anangu Pitjantjatjara continues in existence as Anangu Pitjantjatjara Yankunytjatjara.
	(2)	All Anangu are members of Anangu Pitjantjatjara Yankunytjatjara.
	(3)	Anangu Pitjantjatjara Yankunytjatjara must have a common seal.
	(4)	In any legal proceedings, an apparently genuine document purporting to bear the common seal of Anangu Pitjantjatjara Yankunytjatjara and the signatures of—
	(a)	6 members of the Executive Board; or
	(b)	any 2 of the following:
	(i)	the Chairperson;
	(ii)	the Deputy Chairperson;
	(iii)	the Director of Administration;
	(iv)	the General Manager,
attesting the affixation of the seal will be presumed, in the absence of proof to the contrary, to have been duly executed by Anangu Pitjantjatjara Yankunytjatjara.

Division 2—Powers and functions of Anangu Pitjantjatjara Yankunytjatjara
6—Powers and functions of Anangu Pitjantjatjara Yankunytjatjara
	(1)	The functions of Anangu Pitjantjatjara Yankunytjatjara are as follows:
	(a)	to ascertain the wishes and opinions of traditional owners in relation to the management, use and control of the lands and to seek, where practicable, to give effect to those wishes and opinions; and
	(b)	to protect the interests of traditional owners in relation to the management, use and control of the lands; and
	(c)	to negotiate with persons desiring to use, occupy or gain access to any part of the lands; and
	(d)	to administer land vested in Anangu Pitjantjatjara Yankunytjatjara.
	(2)	Subject to this section, Anangu Pitjantjatjara Yankunytjatjara has the following powers:
	(a)	the power to sue and be sued; and
	(b)	the power—
	(i)	to grant a lease or licence, for any period it thinks fit, in respect of any part of the lands to an Anangu or an organisation comprised of Anangu;
	(ii)	to grant a lease or licence, for a period not exceeding fifty years, in respect of any part of the lands to an agency or instrumentality of the Crown;
	(iii)	to grant a lease or licence, for a period not exceeding 10 years, in respect of any part of the lands to any other person or body of persons; and
	(c)	the power to acquire by agreement, hold, deal in, or dispose of, land outside the lands; and
	(d)	the power to enter into contracts; and
	(e)	the power to appoint and dismiss staff; and
	(f)	the power to receive and disburse moneys; and
	(g)	the power to obtain advice from persons who are expert in matters with which Anangu Pitjantjatjara Yankunytjatjara is concerned; and
	(h)	the power to establish offices; and
	(i)	the power to make a constitution relating to—
	(i)	the conduct of meetings of Anangu Pitjantjatjara Yankunytjatjara; and
	(ii)	the procedures to be followed in resolving disputes; and
	(iii)	any other matter that may be necessary or expedient in relation to the conduct or administration of the affairs of Anangu Pitjantjatjara Yankunytjatjara; and
	(j)	the power to take such other steps as may be necessary or expedient for, or incidental to, the performance of its functions.
	(3)	Anangu Pitjantjatjara Yankunytjatjara must not grant a lease or licence for a period exceeding 5 years under subsection (2)(b)(i) or (iii) except in accordance with a resolution made at an annual general meeting or a special general meeting held in accordance with this Act.
	(4)	Subject to this or any other Act, a lease or licence relating to the lands may only be granted by resolution of the Executive Board.
	(5)	An application for a lease or licence under subsection (2)(b)(ii) must be considered, and a resolution made to determine the application, as soon as is reasonably practicable after the application is received by the Executive Board.
	(6)	The interest of the lessee or licensee under a lease or licence granted by Anangu Pitjantjatjara Yankunytjatjara—
	(a)	must not be mortgaged; and
	(b)	subject to the conditions of the lease or licence, must not be transferred, assigned, sublet, sublicensed or otherwise dealt with without the consent of the Executive Board.
	(7)	A mortgage, transfer, assignment, sublease, sublicence or other interest created in contravention of this section is void and of no effect.
	(8)	The Executive Board—
	(a)	must not unreasonably withhold consent under subsection (6)(b); and
	(b)	must not require the payment of a fee for giving such consent, or considering an application for such consent, that exceeds the reasonable expenses of Anangu Pitjantjatjara Yankunytjatjara in relation to that act.
7—Requirement of consultation
Anangu Pitjantjatjara Yankunytjatjara shall, before carrying out or authorising or permitting the carrying out of any proposal relating to the administration, development or use of any portion of the lands, have regard to the interests of, and consult with, traditional owners having a particular interest in that portion of the lands, or otherwise affected by the proposal, and shall not carry out the proposal, or authorise or permit it to be carried out, unless satisfied that those traditional owners—
	(a)	understand the nature and purpose of the proposal; and
	(b)	have had the opportunity to express their views to Anangu Pitjantjatjara Yankunytjatjara; and
	(c)	consent to the proposal.

Division 3—General meetings of Anangu Pitjantjatjara Yankunytjatjara
8—Annual general meetings and special general meetings
	(1)	There shall be an annual general meeting of Anangu Pitjantjatjara Yankunytjatjara once in every calendar year.
	(3)	An annual general meeting of Anangu Pitjantjatjara Yankunytjatjara shall be held not more than fifteen months after the last preceding annual general meeting.
	(4)	A special general meeting of Anangu Pitjantjatjara Yankunytjatjara must be held if—
	(a)	the Executive Board passes a resolution that such a meeting be held; or
	(b)	not less than 10 members of Anangu Pitjantjatjara Yankunytjatjara make a request to the Executive Board that such a meeting be held,
and such a meeting must be held as soon as is reasonably practicable after the resolution is passed or request made (as the case requires).

Division 4—The Executive Board of Anangu Pitjantjatjara Yankunytjatjara
9—Executive Board of Anangu Pitjantjatjara Yankunytjatjara
	(1)	There shall be an Executive Board of Anangu Pitjantjatjara Yankunytjatjara.
	(2)	The Executive Board consists of 10 members elected or appointed in accordance with this Act.
	(2a)	A person may not, while holding office as the Director of Administration, the General Manager or an employee of Anangu Pitjantjatjara Yankunytjatjara, be a member of the Executive Board.
	(4)	A member of the Executive Board holds office until the next election of members and is, subject to the constitution, eligible for re-election.
	(6)	An election of members of the Executive Board—
	(a)	must be conducted within 3 months after the third anniversary of the previous election; and
	(b)	must be conducted by the Electoral Commissioner—
	(i)	in accordance with the rules set out in Schedule 3; and
	(ii)	to the extent that the rules set out in Schedule 3 fail to deal with a matter that, in the opinion of the Electoral Commissioner, is necessary for the proper conduct of the election—in accordance with rules determined by the Electoral Commissioner in relation to that matter.
	(7)	The validity of any election or return may be disputed in accordance with Schedule 3 and not otherwise.
	(8)	The Minister must cause the electorates constituted by Schedule 3 to be reviewed not later than 3 months prior to each election (and such a review must include consultation with Anangu Pitjantjatjara Yankunytjatjara and the Executive Board).
	(9)	Subject to subsection (11), a member of the Executive Board must, within 3 months after being elected or appointed, commence a course of training related to corporate governance that has been approved by the Minister.
	(10)	The Minister must determine an application for approval of such a course within 28 days after receiving the application, and may, in determining whether to approve a course, take into consideration any matter the Minister thinks fit.
	(11)	The Minister may, by notice in writing, exempt a member of the Executive Board from the requirement under subsection (9) on any ground the Minister thinks fit.
9A—Offences relating to election of Executive Board
	(1)	A person who—
	(a)	exercises violence or intimidation, or offers or gives a bribe, with a view to—
	(i)	inducing a person to submit or withdraw candidature for an election under section 9; or
	(ii)	influencing the vote of a person at such an election; or
	(iii)	otherwise interfering with the due course of an election; or
	(b)	receives a bribe offered in contravention of paragraph (a),
is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for seven years.
	(2)	A person who—
	(a)	dishonestly exercises, or attempts to exercise, a vote at an election under section 9 to which that person is not entitled; or
	(b)	dishonestly influences or attempts to influence the result of such an election; or
	(c)	hinders or interferes with the free exercise or performance, by another person, of a right in respect of such an election,
is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for one year.
	(3)	A person who is a candidate for election or acting on behalf of such a candidate (whether with or without the candidate's authority) must not act as an assistant to a person voting at the election.
Maximum penalty: $5 000 or imprisonment for one year.
	(4)	A scrutineer must not act as an assistant to a person voting at an election.
Maximum penalty: $5 000 or imprisonment for one year.
	(5)	A person must not, by clandestine or dishonest means, attempt to discover how another person has voted.
Maximum penalty: $1 250 or imprisonment for 3 months.
	(6)	A person who acquires knowledge of the vote of another person in the exercise of powers or functions under this Act must not divulge that knowledge.
Maximum penalty: $2 500 or imprisonment for 6 months.
	(7)	To avoid doubt, no declaration of public policy or promise of public action constitutes bribery or dishonest influence.
	(8)	In this clause—
bribe includes any pecuniary sum or material advantage including food, drink or entertainment.
9B—Functions and powers of the Executive Board
	(1)	The Executive Board is the governing body of Anangu Pitjantjatjara Yankunytjatjara.
	(2)	Subject to this Act, the Executive Board—
	(a)	is responsible for carrying out the functions of Anangu Pitjantjatjara Yankunytjatjara and the day-to-day business of Anangu Pitjantjatjara Yankunytjatjara; and
	(b)	may, in carrying out the functions of Anangu Pitjantjatjara Yankunytjatjara, exercise any power conferred on Anangu Pitjantjatjara Yankunytjatjara by or under this Act.
	(3)	The Executive Board must, in carrying out its functions, endeavour to advance the interests of Anangu at all times.
	(4)	The Executive Board must comply with a resolution of Anangu Pitjantjatjara Yankunytjatjara made at an annual or special general meeting held in accordance with this Act that directs the Executive Board to act, or to not act, in a specified manner.
	(5)	An act of the Executive Board done in accordance with this Act is binding on Anangu Pitjantjatjara Yankunytjatjara.
9C—Chairperson and Deputy Chairperson
	(1)	Subject to this section, the Executive Board must elect 1 of its number to be the Chairperson, and 1 to be the Deputy Chairperson.
	(2)	An election of a Chairperson or Deputy Chairperson—
	(a)	must take place at the first meeting of the Executive Board following the office or offices of Chairperson or Deputy Chairperson (as the case requires) becoming vacant; and
	(b)	must, unless the election is uncontested, be by secret ballot.
	(3)	The office of Chairperson or Deputy Chairperson—
	(a)	becomes vacant on the day that an election is held under section 9; and
	(b)	becomes vacant when the Chairperson or Deputy Chairperson (as the case requires) resigns from that position by notice in writing given to—
	(i)	in the case of the resignation of the Chairperson—the Deputy Chairperson; or
	(ii)	in the case of the resignation of the Deputy Chairperson—the Chairperson; and
	(c)	becomes vacant when a casual vacancy occurs in the office of the member of the Executive Board who is the Chairperson or Deputy Chairperson (as the case requires); and
	(d)	becomes vacant when the casual vacancy referred to in paragraph (c) is filled in accordance with section 9D.
	(4)	The Chairperson is, in addition to his or her remuneration, allowances and expenses as a member of the Executive Board, entitled to an allowance determined by the Executive Board and approved by the Minister.
	(5)	The Minister must determine to approve, or not approve, the proposed allowance within 28 days after receiving the proposal, and may, in determining whether to approve the allowance, take into consideration any matter the Minister thinks fit.
9D—Casual vacancies
	(1)	The Executive Board may, by resolution passed by at least a two-thirds majority, remove a member of the Executive Board from office if the member—
	(a)	becomes physically or mentally incapable of carrying out official duties satisfactorily; or
	(b)	fails to comply with a duty imposed under section 12B, 12C, 12D or 12F; or
	(c)	is absent, without leave of the Executive Board, from 3 or more consecutive meetings (the first of which having been held 3 months or more before the last); or
	(d)	engages in serious misconduct.
	(2)	The office of a member of the Executive Board becomes vacant if the member—
	(a)	dies; or
	(b)	completes a term of office and is not re-elected or reappointed; or
	(c)	resigns by notice in writing addressed to the Chairperson; or
	(d)	is sentenced to imprisonment for an offence; or
	(e)	is disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or
	(f)	is appointed to the office of Director of Administration or General Manager or is employed by Anangu Pitjantjatjara Yankunytjatjara; or
	(g)	is removed from office by the Executive Board under subsection (1).
	(3)	Subsection (2)(d) does not apply until the period for appealing against the conviction has expired or, if an appeal is lodged within that period, until the appeal is finalised.
	(4)	The Minister may direct the Executive Board to remove a member from office who—
	(a)	has failed to comply with a duty imposed under section 12B, 12C, 12D or 12F; or
	(b)	has failed to attend 6 or more consecutive meetings of the Executive Board (the first of which having been held 6 months or more before the last).
	(5)	If a casual vacancy occurs in the office of a member, a supplementary election must, subject to subsection (7), be held in the electorate from which the member was elected to fill the vacant office.
	(6)	A supplementary election in the electorate from which the member was elected—
	(a)	must be held as soon as possible after the vacancy occurs; and
	(b)	must be conducted in accordance with Schedule 3 (with such modifications as the Electoral Commissioner thinks fit) as if the election were an election under section 9.
	(7)	If—
	(a)	no person nominates for a supplementary election; or
	(b)	a casual vacancy occurs during the period of 6 months preceding the date on or before which an election must be held under section 9,
then the Executive Board may appoint a suitable Anangu from the electorate from which the member was elected to fill the vacant office.
	(8)	Subject to the provisions of the constitution relating to casual vacancies, a person elected or appointed to fill a casual vacancy will hold office for the balance of the term of the person's predecessor.
9E—Remuneration
	(1)	A member of the Executive Board is entitled to remuneration, allowances and expenses determined by the Executive Board and approved by the Minister.
	(2)	The Minister must determine to approve, or not approve, the proposed remuneration, allowances and expenses within 28 days after receiving the proposal, and may, in determining whether to approve the proposal, take into consideration any matter the Minister thinks fit.
9F—Delegations
	(1)	The Executive Board may delegate to the General Manager (and no other person) a power or function conferred under this or any other Act.
	(2)	However, the following functions and powers must not be delegated:
	(a)	this power of delegation;
	(b)	the power to grant a lease or licence under this Act;
	(c)	the power to grant a permit under this Act;
	(d)	a function requiring that the Executive Board consult with Anangu Pitjantjatjara Yankunytjatjara or a specified group of Anangu.
	(3)	A delegation under this section—
	(a)	must be by instrument in writing; and
	(b)	may be absolute or conditional; and
	(c)	does not derogate from the power of the Executive Board to act in any matter; and
	(d)	is revocable at will by the Executive Board.
10—Procedure of the Executive Board
	(1)	The Chairperson must call a meeting of the Executive Board for the transaction of business at least once in every 2 months.
	(2)	6 members constitute a quorum of the Executive Board.
	(3)	A meeting will be chaired by the Chairperson or, in his or her absence, by the Deputy Chairperson and, in the absence of both the Chairperson and the Deputy Chairperson, the members present at a meeting must choose 1 of their number to preside at the meeting.
	(4)	Each member present at a meeting has 1 vote on any question arising for decision.
	(5)	A conference by means of telephone link (including a satellite link) between the members will, for the purposes of this section, be taken to be a meeting of the Executive Board at which the participating members are present if—
	(a)	notice of the conference is given to all members in the manner determined by the Executive Board for the purpose; and
	(b)	each participating member is capable of communicating with every other participating member during the conference.
	(6)	A decision carried by a majority of votes cast by members at a meeting (being a majority comprising not less than 6 votes) is a decision of the Executive Board.
	(7)	The Executive Board must have accurate minutes kept of its meetings.
	(8)	Any Anangu is entitled to inspect (without charge) the minutes at the places on the lands, and during the times, nominated by the Executive Board and approved by the Minister.
	(9)	Any Anangu is entitled, on payment of the fee prescribed by the regulations, to a copy of the minutes.
	(10)	Subject to subsection (11), a member of the Executive Board may, by written instrument, appoint another member of the Executive Board to act as his or her proxy at a meeting specified in the instrument of appointment.
	(11)	A member of the Executive Board appointed to act as a proxy for another member at a specified meeting may only so act if he or she—
	(a)	is present at the specified meeting; and
	(b)	exercises the proxy vote at the meeting in accordance with any instructions of the appointing member in the instrument of appointment.
	(12)	A member of the Executive Board is not entitled to additional remuneration for acting as a proxy.
	(13)	To avoid doubt, a proxy vote that is exercised other than in accordance with subsection (11) is void and of no effect.
	(14)	Subject to this Act and the constitution, the Executive Board may determine its own procedures.
	(15)	No act or proceeding of the Executive Board is invalid by reason only of a vacancy in the office of a member of the Executive Board, or any defect in the election or appointment of a person to the Executive Board.
11—Minister may call meetings
	(1)	If—
	(a)	the Chairperson refuses or fails to call a meeting of the Executive Board within 4 months after the previous meeting; or
	(b)	2 or more successive meetings are inquorate,
then the Minister may call a meeting of the Executive Board.
	(2)	The Minister may direct the members of the Executive Board to attend a meeting called under subsection (1).
12—Meetings to be open to all Anangu
	(1)	Subject to subsection (2), a meeting of the Executive Board must be open to all Anangu.
	(2)	The Executive Board may exclude Anangu, or a class of Anangu, who are not members of the Executive Board from a meeting, or part of a meeting, if, in the opinion of the Executive Board, there are reasonable grounds for so doing.
	(3)	The grounds for excluding Anangu, or a class of Anangu, who are not members of the Executive Board from a meeting, or part of a meeting, must be recorded in the minutes of the meeting.
12A—Advisory committees
	(1)	The Executive Board may establish advisory committees to provide advice in relation to any functions of the Executive Board under this Act.
	(2)	The Executive Board must determine the following procedures of an advisory committee:
	(a)	the conditions of appointment of the members of the advisory committee; and
	(b)	the matter or matters on which the advisory committee is to advise; and
	(c)	the manner in which the advisory committee is to report to the Executive Board; and
	(d)	the date on or before which the advisory committee must provide a report to the Executive Board,
and may determine any other procedures of an advisory committee.
	(3)	A member of an advisory committee is entitled to remuneration, allowances and expenses determined by the Executive Board and approved by the Minister.
	(4)	Subject to this Act, an advisory committee may determine its own procedures.
12B—Duty to exercise care and diligence
	(1)	A member of the Executive Board must at all times exercise a reasonable degree of care and diligence in the performance of his or her functions.
	(2)	A member of the Executive Board does not commit any breach of duty under this section by acting in accordance with a lawful resolution of Anangu Pitjantjatjara Yankunytjatjara.
12C—Duty to act honestly
A member of the Executive Board must at all times act honestly in the performance of the functions of his or her office, whether within or outside the State.
12D—Duty with respect to conflict of interest
	(1)	A member of the Executive Board who has a direct or indirect personal or pecuniary interest in a matter decided or under consideration by the Executive Board—
	(a)	must, as soon as reasonably practicable, disclose to the Executive Board full and accurate details of the interest; and
	(b)	must not take part in any discussion by the Executive Board relating to that matter; and
	(c)	must not vote in relation to that matter; and
	(d)	must be absent from the meeting room when any such discussion or voting is taking place.
	(2)	If a member of the Executive Board makes a disclosure of interest and complies with the other requirements of subsection (1) in respect of a proposed contract—
	(a)	the contract is not liable to be avoided by the Executive Board; and
	(b)	the member is not liable to account to the Executive Board for profits derived from the contract.
	(3)	If a member of the Executive Board fails to make a disclosure of interest or fails to comply with any other requirement of subsection (1) in respect of a proposed contract, the contract is liable to be avoided by the Executive Board.
	(4)	A contract may not be avoided under subsection (3) if a person has acquired an interest in property the subject of the contract in good faith for valuable consideration and without notice of the contravention.
	(5)	If a member of the Executive Board has or acquires a personal or pecuniary interest, or is or becomes the holder of an office, such that it is reasonably foreseeable that a conflict might arise with his or her duties as a member of the Executive Board, the member must, as soon as reasonably practicable, disclose to the Executive Board full and accurate details of the interest or office.
	(6)	A disclosure under this section must be recorded in the minutes of the Executive Board.
	(7)	If, in the opinion of the Executive Board, a particular interest or office of a member of the Executive Board is of such significance that the holding of the interest or office is not consistent with the proper discharge of the duties of the member, the Executive Board may require the member either to divest himself or herself of the interest or office or to resign from the Executive Board (and non-compliance with the requirement constitutes a failure to comply with a duty under this section and hence a ground for removal of the member from the Executive Board).
	(8)	A member of the Executive Board is exempt from this section in respect of an interest in a matter—
	(a)	while he or she remains unaware that he or she has an interest in the matter, but in any proceedings against the member the burden will lie on the member to prove that he or she was not, at the material time, aware of his or her interest; or
	(b)	arising by reason of the fact that the member is a member of a community in an electorate to which the matter relates; or
	(c)	that is shared in common with Anangu generally, or a substantial section of Anangu.
12E—Civil liability for contravention of section 12C or 12D
If a person who is a member of the Executive Board or a former member of the Executive Board fails to comply with a duty under section 12C or 12D, Anangu Pitjantjatjara Yankunytjatjara may recover from the person by action in a court of competent jurisdiction—
	(a)	if the person or any other person made a profit as a result of the failure—an amount equal to the profit; and
	(b)	if Anangu Pitjantjatjara Yankunytjatjara suffered loss or damage as a result of the failure—compensation for the loss or damage.
12F—Code of conduct
	(1)	The Executive Board must prepare a code of conduct to be observed by members of the Executive Board, the Director of Administration, the General Manager and any employees of Anangu Pitjantjatjara Yankunytjatjara.
	(2)	The code of conduct must contain the following provisions:
	(a)	a provision requiring that a person referred to in subsection (1) must not divulge or communicate personal information obtained (whether by that person or otherwise) in the course of official duties except—
	(i)	as required or authorised by or under this Act or any other Act or law; or
	(ii)	with the consent of the person to whom the information relates; or
	(iii)	in connection with the administration of this Act;
	(b)	a provision requiring that a person referred to in subsection (1) must not engage in bullying of, harassment of or threatening behaviour towards any Anangu or persons employed by Anangu Pitjantjatjara Yankunytjatjara, in the course of, or the purported course of, official duties;
	(c)	a provision requiring that a person referred to in subsection (1) must declare any unsolicited gifts received by them in the course of, or related to, official duties;
	(d)	any other provision prescribed by the regulations.
	(3)	Subject to this Act, the Executive Board may at any time amend the code of conduct, or substitute a new code of conduct.
	(4)	The code of conduct prepared, and any amendment or substitution under this section, must be presented to Anangu Pitjantjatjara Yankunytjatjara at the next general meeting for approval.
	(5)	A person referred to in subsection (1) must comply with the approved code of conduct.
	(6)	The Executive Board must, within 12 months after each election of the Executive Board, complete (and, as appropriate, implement) a review of its code of conduct under this section.
	(7)	The code of conduct must not diminish a right under any Act or law.
	(8)	A person is entitled to inspect (without charge) the code of conduct—
	(a)	at the places on the lands, and during the times, nominated by the Executive Board and approved by the Minister; and
	(b)	during ordinary office hours at the principal office of Anangu Pitjantjatjara Yankunytjatjara.
	(9)	A person is entitled, on payment of the fee prescribed by the regulations, to a copy of the code of conduct.
12G—Guidelines
	(1)	The Executive Board must, within 6 months after the commencement of this section, prepare and submit to the Minister for approval guidelines to be followed by the Executive Board and the General Manager when entering contracts or engaging in other commercial activities.
	(2)	Subsection (1) does not apply in relation to a lease or licence granted under this Act.
	(3)	A person is entitled to inspect (without charge) the guidelines—
	(a)	at the places on the lands, and during the times, nominated by the Executive Board and approved by the Minister; and
	(b)	during ordinary office hours at the principal office of Anangu Pitjantjatjara Yankunytjatjara.
	(4)	A person is entitled, on payment of the fee prescribed by the regulations, to a copy of the guidelines.
12H—Prudential requirements for certain activities
	(1)	The Executive Board must obtain and consider a report that addresses the prudential issues set out in subsection (2) before the Executive Board engages in any project (whether commercial or otherwise and including through participation in a joint venture, trust, partnership or other similar body) if the expected expenditure of Anangu Pitjantjatjara Yankunytjatjara in relation to the project is likely to exceed 20 per cent of Anangu Pitjantjatjara Yankunytjatjara's approved budget for the year during which the project would be undertaken.
	(2)	The following are prudential issues for the purposes of subsection (1):
	(a)	the relationship between the project and relevant strategic management plans (if any);
	(b)	the level of consultation with Anangu, including contact with Anangu who may be affected by the project and the representations that have been made by them, and the means by which Anangu can influence or contribute to the project or its outcomes;
	(c)	if the project is intended to produce revenue, revenue projections and potential financial risks;
	(d)	the recurrent and whole-of-life costs associated with the project including any costs arising out of proposed financial arrangements;
	(e)	the financial viability of the project, and the short and longer term estimated net effect of the project on the financial position of Anangu Pitjantjatjara Yankunytjatjara;
	(f)	any risks associated with the project, and the steps that can be taken to manage, reduce or eliminate those risks (including by the provision of periodic reports to the Executive Board and the Minister);
	(g)	the most appropriate mechanisms or arrangements for carrying out the project.
	(3)	A report must be prepared by a person whom the Executive Board reasonably believes to be qualified to address the prudential issues set out in subsection (2).
	(4)	A copy of the report must be provided to the Minister as soon as practicable after being received by the Executive Board.
	(5)	Once the Executive Board has made a decision on the relevant project, a copy of the report must be made available for inspection (without charge) by Anangu—
	(a)	at the places on the lands, and during the times, nominated by the Executive Board and approved by the Minister; and
	(b)	during ordinary office hours at the principal office of Anangu Pitjantjatjara Yankunytjatjara,
(and may also be made available at an earlier time).
	(6)	However, the Executive Board may take steps to prevent the disclosure of specific information in order to protect its commercial value or to avoid disclosing the financial affairs of a person (other than Anangu Pitjantjatjara Yankunytjatjara).
13—Accounts and audit
	(1)	The Executive Board shall cause proper accounts to be kept of the financial affairs of Anangu Pitjantjatjara Yankunytjatjara.
	(2)	The Executive Board must cause the accounts of Anangu Pitjantjatjara Yankunytjatjara for each financial year to be audited by a registered company auditor.
	(3)	The Auditor-General may audit the accounts of Anangu Pitjantjatjara Yankunytjatjara at any time.
	(4)	The Executive Board must, at the annual general meeting of Anangu Pitjantjatjara Yankunytjatjara—
	(a)	make copies of the audited accounts for the financial year ending on the preceding 30 June available to Anangu; and
	(b)	provide an explanation of the audited accounts, or a part of the audited accounts, if requested by any Anangu.
13A—Reports and budget
	(1)	The Executive Board must, not later than 31 December in each year, prepare and submit to the Minister an annual report on the operations of the Executive Board during the financial year ending on the preceding 30 June (and must provide a copy of the audited accounts for that financial year with the annual report).
	(2)	The Executive Board must, not later than the prescribed day in each year, prepare and submit to the Minister for approval a budget setting out estimates of the Executive Board's proposed expenditure for the next financial year or for some other period determined by the Minister.
	(3)	The Minister may, if he or she is satisfied that the Executive Board has refused or failed to perform or discharge a function or duty under this Act, by notice in writing, direct the Executive Board to prepare a report on the matter.
	(4)	A report or budget (as the case requires) under this section must—
	(a)	in the case of an annual report under subsection (1) or a budget under subsection (2)—contain the information required by the regulations; and
	(b)	in the case of a report required under subsection (3)—contain the information, and be delivered to the Minister on or before the date, specified in the notice; and
	(c)	in any case—be in a form determined by the Minister.
	(5)	The Executive Board must, at an annual general meeting of Anangu Pitjantjatjara Yankunytjatjara—
	(a)	make available to Anangu copies of the annual report for the financial year ending on the preceding 30 June; and
	(b)	if requested by any Anangu, provide an explanation of the annual report, or a part of the annual report.
	(6)	The Minister must determine to approve, or not approve, a budget within 28 days after receiving the proposed budget, and may, in determining whether to approve the budget, take into consideration any matter the Minister thinks fit.

Division 4A—Director of Administration and General Manager
13B—Director of Administration
	(1)	There will be a Director of Administration for the lands.
	(2)	The Director of Administration will be appointed by the Executive Board.
	(3)	A person who—
	(a)	has ever been convicted of an offence involving dishonesty; or
	(b)	has ever been removed from any office for conduct involving dishonesty; or
	(c)	is, or has ever been, disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth (or any other Act related to the management of corporations),
must not be appointed as the Director of Administration.
	(4)	The Director of Administration will be appointed on conditions (including conditions as to remuneration) determined by the Executive Board with the approval of the Minister and for a term specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment.
	(5)	The Minister must determine to approve, or not approve, the conditions of appointment within 28 days after receiving the conditions, and may, in determining whether to approve the conditions, take into consideration any matter the Minister thinks fit.
13C—Functions of Director of Administration
The functions of the Director of Administration are—
	(a)	to oversee the implementation of resolutions of Anangu Pitjantjatjara Yankunytjatjara and the Executive Board; and
	(b)	to carry out any other functions assigned to the Director of Administration—
	(i)	in the instrument of appointment; or
	(ii)	by the Minister after consultation with the Executive Board.
13D—General Manager
	(1)	There will be a General Manager for the lands.
	(2)	The General Manager will be appointed by the Executive Board.
	(3)	A person who—
	(a)	has ever been convicted of an offence involving dishonesty; or
	(b)	has ever been removed from any office for conduct involving dishonesty; or
	(c)	is, or has ever been, disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth (or any other Act related to the management of corporations),
must not be appointed as the General Manager.
	(4)	The General Manager will be appointed on conditions (including conditions as to remuneration) determined by the Executive Board with the approval of the Minister and for a term specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment.
	(5)	The Minister must determine to approve, or not approve, the conditions of appointment within 28 days after receiving the conditions, and may, in determining whether to approve the conditions, take into consideration any matter the Minister thinks fit.
13E—Functions of General Manager
The functions of the General Manager are—
	(a)	to implement the resolutions of the Executive Board in a timely and efficient manner; and
	(b)	to undertake responsibility for the day-to-day operations and affairs of Anangu Pitjantjatjara Yankunytjatjara; and
	(c)	to ensure that records required under this or another Act are properly kept and maintained; and
	(d)	to discharge any duties under this or any other Act relating to financial and annual reports; and
	(e)	to ensure that the assets and resources of Anangu Pitjantjatjara Yankunytjatjara are properly managed and maintained; and
	(f)	to exercise, perform or discharge any other powers, functions or duties conferred on the General Manager by or under this or any other Act.
13F—Director of Administration and General Manager subject to direction
If an Administrator is appointed in accordance with section 13O, the Director of Administration and the General Manager are subject to the direction and control of the Administrator.
13G—Termination of appointment of Director of Administration or General Manager by Executive Board
	(1)	The Executive Board may terminate the appointment of the Director of Administration or the General Manager if the Director of Administration or the General Manager (as the case requires)—
	(a)	becomes physically or mentally incapable of carrying out official duties satisfactorily; or
	(b)	fails, without reasonable excuse, to carry out official duties to the performance standards specified in the instrument of appointment; or
	(c)	fails to comply with a duty imposed under section 12F, 13H, 13I or13J; or
	(d)	engages in serious misconduct; or
	(e)	in the case of the General Manager—
	(i)	is convicted of an indictable offence; or
	(ii)	becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors.
	(2)	The appointment of the Director of Administration or the General Manager may only be terminated by resolution passed by at least a two-thirds majority of the members of the Executive Board.
	(3)	The office of Director of Administration or General Manager becomes vacant if the Director of Administration or General Manager (as the case requires)—
	(a)	dies; or
	(b)	completes a term of office and is not reappointed; or
	(c)	resigns by notice in writing addressed to the Executive Board; or
	(d)	is sentenced to imprisonment for an offence; or
	(e)	is disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or
	(f)	is removed from the office by the Executive Board under subsection (1).
	(4)	The Minister may direct the Executive Board to terminate the appointment of the Director of Administration or the General Manager if he or she—
	(a)	in the case of the General Manager—is convicted of an indictable offence; or
	(b)	in any case—has failed to comply with a duty imposed under section 12F, 13H, 13I or 13J.
	(5)	Subsections (1)(e)(i), (3)(d) and (4)(a) do not apply until the period for appealing against the conviction has expired or, if an appeal is lodged within that period, until the appeal is finalised.
	(6)	If the Director of Administration or General Manager is temporarily absent, or temporarily unable to discharge his or her official duties, the Executive Board may appoint a person in accordance with this section to act in the position of Director of Administration or General Manager (as the case requires) during the period during which the Director of Administration or General Manager (as the case requires) is absent or unable to discharge his or her official duties.
	(7)	If a casual vacancy occurs in the office of Director of Administration or General Manager, the Executive Board must, as soon as practicable after the vacancy occurs, appoint a person in accordance with this section to fill the vacancy.
13H—Duty to exercise care and diligence
	(1)	The Director of Administration and General Manager must at all times exercise a reasonable degree of care and diligence in the performance of his or her functions.
	(2)	The Director of Administration or General Manager does not commit any breach of duty under this section by acting in accordance with a lawful resolution of Anangu Pitjantjatjara Yankunytjatjara.
13I—Duty to act honestly
The Director of Administration and General Manager must at all times act honestly in the performance of the functions of his or her office, whether within or outside the State.
13J—Duty with respect to conflict of interest
	(1)	If the Director of Administration or General Manager has a direct or indirect personal or pecuniary interest in a matter in relation to which he or she is required or authorised to act in the course of official duties, he or she—
	(a)	must, as soon as reasonably practicable, disclose to the Executive Board full and accurate details of the interest; and
	(b)	must not, unless the Executive Board otherwise determines, act in relation to the matter.
	(2)	If the Director of Administration or General Manager makes a disclosure of interest and complies with the other requirements of subsection (1) in respect of a proposed contract—
	(a)	the contract is not liable to be avoided by the Executive Board; and
	(b)	the Director of Administration or General Manager (as the case requires) is not liable to account to the Executive Board for profits derived from the contract.
	(3)	If the Director of Administration or General Manager fails to make a disclosure of interest in respect of a proposed contract, the contract is liable to be avoided by the Executive Board.
	(4)	A contract may not be avoided under subsection (3) if a person has acquired an interest in property the subject of the contract in good faith for valuable consideration and without notice of the contravention.
	(5)	If the Director of Administration or General Manager has or acquires a personal or pecuniary interest, or is or becomes the holder of an office, such that it is reasonably foreseeable that a conflict might arise with his or her official duties, the Director of Administration or General Manager (as the case requires) must, as soon as reasonably practicable, disclose to the Executive Board full and accurate details of the interest or office.
	(6)	A disclosure under this section must be recorded in the minutes of the Executive Board and reported to the Minister.
	(7)	If, in the opinion of the Executive Board, a particular interest or office of the Director of Administration or General Manager is of such significance that the holding of the interest or office is not consistent with the proper discharge of the official duties of the Director of Administration or General Manager (as the case requires), the Executive Board may require the Director of Administration or General Manager (as the case requires) either to divest himself or herself of the interest or office or to resign from the office of Director of Administration or General Manager (and non-compliance with the requirement constitutes a failure to comply with a duty under this section and hence a ground for termination of the appointment of the Director of Administration or the General Manager).
	(8)	The Director of Administration and the General Manager are exempt from this section in respect of an interest in a matter—
	(a)	while he or she remains unaware that he or she has an interest in the matter, but in any proceedings against the Director of Administration or the General Manager the burden will lie on the Director of Administration or the General Manager (as the case requires) to prove that he or she was not, at the material time, aware of his or her interest; or
	(b)	that is shared in common with Anangu generally, or a substantial section of Anangu.
13K—Civil liability for contravention of section 13I or 13J
If the Director of Administration or the General Manager, or a former Director of Administration or General Manager, fails to comply with a duty under section 13I or 13J, Anangu Pitjantjatjara Yankunytjatjara may recover from the person by action in a court of competent jurisdiction—
	(a)	if the person or any other person made a profit as a result of the failure—an amount equal to the profit; and
	(b)	if Anangu Pitjantjatjara Yankunytjatjara suffered loss or damage as a result of the failure—compensation for the loss or damage.
13L—Appointment etc by General Manager
	(1)	Subject to this Act, the General Manager is responsible for appointing, managing, suspending and dismissing the employees of Anangu Pitjantjatjara Yankunytjatjara on behalf of Anangu Pitjantjatjara Yankunytjatjara.
	(2)	The General Manager may only appoint an employee of Anangu Pitjantjatjara Yankunytjatjara—
	(a)	if the appointment is consistent with the approved budget for the financial year in which the appointment is to be made; or
	(b)	with the approval of the Executive Board and the Minister.
	(3)	Subject to this Act, the remuneration and other conditions of service of an employee of Anangu Pitjantjatjara Yankunytjatjara will be as determined by the General Manager.
	(4)	The General Manager must, in the exercise of powers under this section, comply with any relevant Act, award or industrial agreement.
	(5)	Suspension of an employee by the General Manager does not affect a right to remuneration in respect of the period of suspension.
	(6)	The Minister must determine to approve, or not approve, a proposed appointment under subsection (2)(b) within 28 days after receiving the proposal, and may, in determining whether to approve the appointment, take into consideration any matter the Minister thinks fit.
13M—Director of Administration, General Manager and employees of Anangu Pitjantjatjara Yankunytjatjara not subject to direction by member of Executive Board
The Director of Administration, the General Manager and any employees of Anangu Pitjantjatjara Yankunytjatjara are not subject to direction by an individual member of the Executive Board unless the member of the Executive Board is acting in accordance with a resolution of the Executive Board.

Division 4B—Limited intervention by Minister
13N—Minister may direct Executive Board
	(1)	If the Minister is satisfied that—
	(a)	the Executive Board has refused or failed to exercise, perform or discharge a power, function or duty under the Act or the constitution; and
	(b)	the refusal or failure has resulted in, or will result in, a detriment to Anangu generally, or to a substantial section of Anangu,
the Minister may direct the Executive Board to take such action as the Minister requires to correct or prevent such detriment.
	(2)	If the requirements of a direction under subsection (1) are not complied with, the Minister may take any action required by the direction.
	(3)	Action taken by the Minister may be taken on the Minister's behalf by a member of the Minister's department, or another person authorised by the Minister for the purpose.
	(4)	A person must not hinder or obstruct the Minister or another person taking action under subsection (2).
Maximum penalty: $5 000.
	(5)	The reasonable costs and expenses incurred by the Minister in taking action under this section may be recovered by the Minister as a debt from the Executive Board.
	(6)	Anangu Pitjantjatjara Yankunytjatjara cannot claim compensation from the Minister or the Crown (or from any person acting under subsection (2)) in respect of any action taken under this section.
13O—Minister may suspend Executive Board
	(1)	If the Executive Board refuses or fails to comply with a direction of the Minister under section 9D(4), 13A(3), 13G(4) or 13N, or not less than 4 members of the Executive Board refuse or fail to attend a meeting called by the Minister under section 11, the Minister may, by notice in the Gazette, suspend the Executive Board for a period specified in the notice or until further notice in the Gazette.
	(2)	Despite any other provision of this Act, if the Executive Board is suspended the following provisions apply:
	(a)	the Minister may, by notice in the Gazette, appoint an Administrator, on terms and conditions determined by the Minister, to administer the affairs of Anangu Pitjantjatjara Yankunytjatjara in the name of, and on behalf of, Anangu Pitjantjatjara Yankunytjatjara during the period of the suspension;
	(b)	the Administrator is entitled to remuneration, allowances and expenses determined by the Minister;
	(c)	the Minister may remove a person from the office of Administrator for any reason the Minister thinks fit;
	(d)	the office of Administrator becomes vacant if the Administrator—
	(i)	dies; or
	(ii)	completes a term of office; or
	(iii)	resigns by written notice to the Minister; or
	(iv)	is removed from office under paragraph (c);
	(e)	the Minister may appoint a person to act as the Administrator—
	(i)	during a vacancy in the office of Administrator; or
	(ii)	when the Administrator is absent from, or unable to discharge, official duties;
	(f)	the Administrator has all the functions and powers of Anangu Pitjantjatjara Yankunytjatjara;
	(g)	in carrying out a function or exercising a power of Anangu Pitjantjatjara Yankunytjatjara, the Administrator is not bound by a resolution under section 9B(4) that is, in the opinion of the Administrator, inconsistent with the appointment of the Administrator (but, to avoid doubt, is otherwise bound by a resolution under that section);
	(h)	Part 2 Division 5 of the Public Sector Management Act 1995 applies to the Administrator as if the Administrator were a senior official and the Minister administering this Act were the relevant Minister;
	(i)	any liability incurred by the Administrator in the course of the administration will be paid or satisfied out of the funds of Anangu Pitjantjatjara Yankunytjatjara;
	(j)	in any legal proceedings, an apparently genuine document purporting to bear the common seal of Anangu Pitjantjatjara Yankunytjatjara and the signature of the Administrator attesting the affixation of the seal will be presumed, in the absence of proof to the contrary, to have been duly executed by Anangu Pitjantjatjara Yankunytjatjara;
	(k)	the Administrator must cause proper accounts to be kept of the financial affairs of Anangu Pitjantjatjara Yankunytjatjara and must cause the accounts of Anangu Pitjantjatjara Yankunytjatjara for each financial year to be audited by a registered company auditor;
	(l)	to avoid doubt—
	(i)	the Administrator must, in the course of the administration, endeavour to advance the interests of Anangu at all times;
	(ii)	the Administrator must comply with section 4(2) and section 7 and any other provision of this Act that requires consultation with, or a resolution of, Anangu Pitjantjatjara Yankunytjatjara.
13P—Use of facilities
An Administrator may, by arrangement with the relevant body, make use of the services of the staff, equipment or facilities of—
	(a)	an administrative unit in the Public Service; or
	(b)	a public authority.
13Q—Offences
A person who—
	(a)	hinders or obstructs an Administrator, or a person assisting an Administrator, in the exercise of powers or functions under this Act; or
	(b)	falsely represents, by words or conduct, that he or she is assisting an Administrator in the exercise of powers or functions under this Act,
is guilty of an offence.
Maximum penalty: $5 000.

Division 5—The approved constitution
14—Constitution
	(1)	Subject to this Act, the proceedings of Anangu Pitjantjatjara Yankunytjatjara and the administration of its affairs will be governed by a constitution determined by Anangu Pitjantjatjara Yankunytjatjara and approved in accordance with this section.
	(2)	The constitution must, within 12 months after the commencement of this section—
	(a)	be amended so as to be consistent with the Act; and
	(b)	be submitted to the Minister for approval.
	(3)	Anangu Pitjantjatjara Yankunytjatjara may, by resolution passed by at least a two‑thirds majority of members present at an annual general meeting or special general meeting of Anangu Pitjantjatjara Yankunytjatjara, propose an amendment to the constitution.
	(4)	The Executive Board must, as soon as is reasonably practicable, cause the proposed amendment to be submitted to the Minister for approval and the proposed amendment will come into effect on such approval being granted.
	(5)	The Minister must not unreasonably withhold approval to a proposed amendment.
	(6)	An amendment of the constitution made other than in accordance with this section is void and of no effect.
	(7)	The constitution must specify the address of an office within 30 kilometres of the General Post Office at Adelaide (the principal office of Anangu Pitjantjatjara Yankunytjatjara) at which legal process, notices and other documents may be served upon Anangu Pitjantjatjara Yankunytjatjara or the Executive Board.
	(8)	A person is entitled to inspect (without charge) the constitution—
	(a)	at the places on the lands, and during the times, nominated by the Executive Board and approved by the Minister; and
	(b)	during ordinary office hours at—
	(i)	the principal office of Anangu Pitjantjatjara Yankunytjatjara; and
	(ii)	the Minister's office.
	(9)	A person is entitled, on payment of the fee prescribed by the regulations, to a copy of the constitution.

Part 3—The lands
Division 1—Vesting of the lands in Anangu Pitjantjatjara Yankunytjatjara
15—The Governor may grant certain land, in fee simple, to Anangu Pitjantjatjara Yankunytjatjara
	(1)	The Governor may issue a land grant, in fee simple, of the whole or any part of the lands to Anangu Pitjantjatjara Yankunytjatjara.
	(2)	The Governor shall not exercise his powers under subsection (1) in relation to land (not being land comprised in Granite Downs Station) unless all persons with a legal or equitable estate or interest in the land have surrendered, or agreed to surrender, their respective interests.
	(3)	Where the Governor exercises his powers under subsection (1) to grant land comprised in Granite Downs Station to Anangu Pitjantjatjara Yankunytjatjara, the following provisions shall apply:
	(a)	any pastoral lease then in force in relation to that land shall, subject to its terms and the provisions of the Pastoral Act 1936, continue in force as if Anangu Pitjantjatjara Yankunytjatjara had leased the land to the Crown and the Crown had sub-leased it to the lessee; and
	(b)	upon surrender or expiration of the lease, the lease shall not be renewed, and the land shall not be re-let by the Crown; and
	(c)	the lessee shall be entitled to compensation from the Crown for diminution in the value of the lease resulting from the operation of paragraph (b) (but compensation to which the lessee is entitled under this paragraph shall be calculated as if the land were unimproved); and
	(d)	the lessee shall, upon surrender or expiration of the lease, be entitled to compensation from Anangu Pitjantjatjara Yankunytjatjara for the improvements upon the land determined as if the land had remained pastoral lands and had been re-let under the Pastoral Act 1936, to Anangu Pitjantjatjara Yankunytjatjara on the date of the surrender or expiry of the lease.
	(4)	The compensation payable under subsection (3)(c) or (d) shall be determined by agreement, or in default of agreement, by the Land and Valuation Court.
16—Special provisions in relation to the land grant
	(1)	A land grant issued under this Division shall be expressed in the English language and in the Pitjantjatjara language, but the interpretation of the land grant shall be governed by those portions of the land grant that are expressed in the English language.
	(2)	If, in the opinion of the Surveyor-General, a land grant issued under this Division erroneously or imperfectly defines the land to which it was intended to apply, the Surveyor-General may submit to the Minister of Lands a proposal to amend the land grant for the purpose of correcting the error, or defining the land with greater precision.
	(3)	If, in the opinion of the Minister of Lands, the proposal of the Surveyor-General should be carried into effect, he may direct the Registrar-General to amend the land grant in accordance with the proposal.
17—Inalienability of land vested in Anangu Pitjantjatjara Yankunytjatjara in pursuance of this Part
Subject to this Act, where land has vested in Anangu Pitjantjatjara Yankunytjatjara in pursuance of this Part, no estate or interest in the land—
	(a)	may be alienated from Anangu Pitjantjatjara Yankunytjatjara; or
	(b)	may be compulsorily acquired, resumed or forfeited under the law of this State.

Division 2—Entry to the lands
18—Rights of Anangu with respect to lands
All Anangu have unrestricted rights of access to the lands.
19—Unauthorised entry on the lands
	(1)	A person (not being an Anangu) who enters the lands without the permission of Anangu Pitjantjatjara Yankunytjatjara is guilty of an offence and liable to a penalty not exceeding the maximum prescribed by subsection (2).
	(2)	The maximum penalty for an offence against subsection (1) is—
	(a)	where the offence was committed intentionally—a fine of two thousand dollars plus five hundred dollars for each day during which the convicted person remained on the land after the unlawful entry; or
	(b)	in any other case—a fine of two hundred dollars.
	(3)	An application for permission to enter the lands—
	(a)	may be made by an applicant on the applicant's own behalf, or on behalf of a group of persons; and
	(b)	must, unless the Executive Board otherwise allows—
	(i)	be in writing and lodged with the Executive Board; and
	(ii)	set out—
	(A)	the purpose for which entry to the lands is sought; and
	(B)	the period for which entry to the land is sought; and
	(C)	the time and place at which the applicant, or the group on whose behalf the application is made, seeks to enter the lands; and
	(iii)	be accompanied by the prescribed application fee.
	(4)	The applicant shall, at the request of Anangu Pitjantjatjara Yankunytjatjara, furnish such further information as it may reasonably require to determine the application.
	(5)	Upon an application under this section, Anangu Pitjantjatjara Yankunytjatjara may, by instrument in writing—
	(a)	grant permission to enter the lands unconditionally; or
	(b)	grant permission to enter the lands subject to such conditions as it thinks fit; or
	(c)	refuse permission to enter the lands.
	(5a)	Where a group of persons is permitted to enter the lands, each member of the group is bound by the conditions (if any) subject to which the permission was granted.
	(5b)	A person who contravenes or fails to comply with a condition on which the person, or a group of which the person is a member, was granted permission to enter the lands is guilty of an offence and liable to a penalty not exceeding the maximum prescribed by subsection (5c).
	(5c)	The maximum penalty for an offence against subsection (5b) is a fine of $2 000 plus $500 for each day (if any) during which the convicted person was on the lands, or a particular part of the lands, in contravention of the condition.
	(8)	This section does not apply to—
	(a)	a police officer acting in the course of carrying out his official duties; or
	(b)	any other officer appointed pursuant to statute acting in the course of carrying out his official duties; or
	(ba)	the Electoral Commissioner acting in relation to an election being conducted, or to be conducted, under section 9; or
	(c)	a person acting upon the written authority of the Minister, who enters the lands for the purpose of carrying out functions that have been assigned to a Minister or instrumentality of the Crown or an administrative unit of the Public Service; or
	(ca)	a member of the Minister's department, or another person authorised by the Minister, acting on behalf of the Minister under section 13N; or
	(d)	a member of the Parliament of the State or the Commonwealth, a person who is genuinely a candidate for election as a member of the Parliament of the State or the Commonwealth; or
	(da)	a person assisting a person referred to in any of the preceding paragraphs; or
	(e)	entry upon the lands in case of emergency; or
	(f)	entry upon the lands in pursuance of Division 3, Division 4 or Division 6 of this Part.
	(9)	Where a person proposes to enter the lands in pursuance of subsection (8)(b), (ba), (c) or (d) reasonable notice of the time, place and purpose of the proposed entry must be given to Anangu Pitjantjatjara Yankunytjatjara.
	(9a)	A person who, being entitled to enter upon part only of the lands in pursuance of Division 3, Division 4 or Division 6 of this Part, enters upon some other part of the lands without the permission of Anangu Pitjantjatjara Yankunytjatjara acts in contravention of subsection (1).
	(10)	If Anangu Pitjantjatjara Yankunytjatjara, by notice in writing to the Minister, objects to an authorised person entering or remaining upon the lands, the Minister shall revoke or modify the authorisation in order to give effect to the objection unless he is satisfied that there are sufficient reasons why the authorisation should continue notwithstanding the objection.
19A—Residence on the lands
A person who is entitled under section 19(8)(a), (b), (ba), (c), (ca) or (da) to enter the lands for the purpose of carrying out, or assisting in carrying out, official duties or functions or providing a service is entitled to reside on the lands where that is necessary or desirable for the purpose of carrying out that duty or function or providing such assistance.

Division 3—Mining operations on the lands
20—Mining operations on the lands
	(1)	Notwithstanding the provisions of any other Act, a person who, without permission under this section—
	(a)	carries out mining operations upon the lands; or
	(b)	enters the lands for the purpose of carrying out mining operations,
shall be guilty of an offence and liable to a penalty not exceeding the maximum prescribed by subsection (2).
	(2)	The maximum penalty for an offence against subsection (1) is a fine of ten thousand dollars plus one thousand dollars for each day during which the convicted person—
	(a)	carried out unlawful mining operations on the lands; or
	(b)	remained on the lands after the unlawful entry.
	(2a)	A person who, having permission to carry out mining operations upon part only of the lands, carries out mining operations on some other part of the lands without the permission of Anangu Pitjantjatjara Yankunytjatjara acts in contravention of subsection (1)(a).
	(3)	An application for permission to carry out mining operations upon the lands—
	(a)	may be made only by a person who has applied for a mining tenement in respect of the lands or a part of the lands and has been notified by the Minister of Mines and Energy that he approves the making of an application under this section; and
	(b)	must be in writing and lodged with the Executive Board; and
	(c)	must contain, or be accompanied by, all information submitted by the applicant to the Minister of Mines and Energy in support of his application for a mining tenement.
	(4)	The applicant shall, at the request of Anangu Pitjantjatjara Yankunytjatjara, furnish in writing such further information as it may reasonably require to determine the application.
	(5)	The applicant shall, as soon as practicable after making his application, or furnishing information under subsection (4), send to the Minister of Mines and Energy a copy of the application or of the document by which the information was furnished.
	(6)	Upon an application under this section, Anangu Pitjantjatjara Yankunytjatjara may—
	(a)	grant its permission unconditionally; or
	(b)	grant its permission subject to such conditions (which must be consistent with the provisions of this Act) as it thinks fit; or
	(c)	refuse its permission.
	(7)	Anangu Pitjantjatjara Yankunytjatjara shall, upon deciding an application under this section, notify the applicant, in writing, of its decision and the applicant shall, within seven days after receiving that notification, furnish the Minister of Mines and Energy with a copy of the notification.
	(7a)	The reasonable costs and expenses incurred by Anangu Pitjantjatjara Yankunytjatjara in dealing with an application under this section may be recovered from the applicant as a debt.
	(7b)	Any payment made in satisfaction of a liability arising under subsection (7a) shall, if the application is subsequently determined in favour of the applicant but on condition that compensation be paid to Anangu Pitjantjatjara Yankunytjatjara, be regarded as a payment made on account of that compensation.
	(8)	Where—
	(a)	Anangu Pitjantjatjara Yankunytjatjara refuses its permission under this section or grants its permission but subject to conditions that are unacceptable to the applicant; or
	(b)	the applicant has not, at the expiration of one hundred and twenty days from the date of the application, received notice of a decision by Anangu Pitjantjatjara Yankunytjatjara upon the application,
the applicant may request the Minister of Mines and Energy to refer the application to an arbitrator.
	(9)	If the Minister of Mines and Energy receives a request under subsection (8), the application shall be referred to an arbitrator appointed by the Minister of Mines and Energy.
	(10)	At least twenty-one days before an arbitrator is appointed under subsection (9), the Minister of Mines and Energy must inform Anangu Pitjantjatjara Yankunytjatjara of whom he proposes to appoint and he must consider any representations of Anangu Pitjantjatjara Yankunytjatjara in relation to the proposed appointment.
	(11)	The arbitrator must be a judge of the High Court, the Federal Court of Australia, or the Supreme Court of a State or Territory of Australia.
	(12)	The arbitrator—
	(a)	shall have the powers of a commission of inquiry under the Royal Commissions Act; and
	(b)	may state a case for the opinion of the Supreme Court on a question of law.
	(13)	A case stated under subsection (12) shall be heard and determined by the Full Court.
	(14)	After hearing such evidence and submissions as—
	(a)	Anangu Pitjantjatjara Yankunytjatjara; and
	(b)	the applicant; and
	(c)	the Minister of Mines and Energy; and
	(d)	the Minister,
may desire to make to him, and such other evidence and submissions as he thinks fit to receive, the arbitrator may—
	(e)	affirm, vary or reverse the decision of Anangu Pitjantjatjara Yankunytjatjara; or
	(f)	where no decision has been made by Anangu Pitjantjatjara Yankunytjatjara upon the application—determine the application as the arbitrator thinks fit.
	(14a)	The arbitrator may, if the arbitrator thinks fit, award against the applicant and in favour of Anangu Pitjantjatjara Yankunytjatjara an amount that represents, in the arbitrator's opinion, the reasonable costs and expenses incurred by Anangu Pitjantjatjara Yankunytjatjara in relation to the arbitration.
	(14b)	An amount awarded under subsection (14a) may be recovered by Anangu Pitjantjatjara Yankunytjatjara as a debt.
	(15)	In arriving at his determination, the arbitrator shall have regard to—
	(a)	the effect of the grant of the mining tenement upon—
	(i)	the preservation and protection of Anangu ways-of-life, culture and tradition;
	(ii)	the interests, proposals, opinions and wishes of Anangu in relation to the management, use and control of the lands;
	(iii)	the growth and development of Anangu social, cultural and economic structures;
	(iv)	freedom of access by Anangu to the lands and their freedom to carry out on the lands rites, ceremonies and other activities in accordance with Anangu traditions; and
	(b)	the suitability of the applicant to carry out the proposed mining operations and his capacity, in carrying out those operations, to minimise disturbance to Anangu and the lands; and
	(c)	the preservation of the natural environment; and
	(d)	the economic and other significance of the operations to the State and Australia.
	(16)	The arbitrator shall hear and determine the arbitration as expeditiously as possible.
	(17)	A determination under this section is binding upon Anangu Pitjantjatjara Yankunytjatjara, the applicant and the Crown.
	(18)	The Arbitration Act 1891 does not apply to an arbitration under this section.
	(19)	This section does not apply in relation to prospecting or mining for precious stones on the Mintabie precious stones field.
	(20)	Where a person applies under this section for permission to prospect and mine for precious stones, and the proposed mining operations are to be carried out within a prescribed area, no compensation, or other consideration, shall be paid or given to Anangu Pitjantjatjara Yankunytjatjara under or in respect of a permission granted under this section.
	(21)	No regulation prescribing an area for the purposes of subsection (20) shall be made unless—
	(a)	the area to be prescribed has been delineated or otherwise identified by plan, photograph or other document; and
	(b)	the plan, photograph or other document has been deposited in the General Registry Office by the Minister of Mines and Energy with the consent of Anangu Pitjantjatjara Yankunytjatjara,
and any such regulation may be made by reference to a plan, photograph or other document so deposited.
21—Interaction of this Act and Mining and Petroleum Acts
	(1)	Where prospecting or mining is permitted upon the lands in pursuance of this Division, the person in whose favour the permission was granted and his agents, contractors and employees may, subject to the conditions (if any) upon which the permission was granted, and to the provisions of the Mining Act 1971 or the Petroleum Act 1940, as the case may require (but without requiring any further permission or authority to enter the lands under the provisions of either of those Acts), enter the lands for the purpose of prospecting or mining.
	(2)	A mining tenement shall not be granted in respect of the lands or a part of the lands except to a person who has permission to carry out mining operations on the lands under this Division, but this Act does not prevent the taking of any step under the Mining Act or the Petroleum Act antecedent to the grant of a mining tenement.
	(3)	Before a mining tenement is granted in pursuance of the Mining Act or the Petroleum Act in relation to the lands or a part of the lands, the Minister administering the relevant Act shall afford Anangu Pitjantjatjara Yankunytjatjara a reasonable opportunity to make submissions relating to the conditions subject to which the tenement should be granted.
	(4)	If a person—
	(a)	makes a payment or gives other consideration in contravention of section 23; or
	(b)	in relation to—
	(i)	obtaining the permission of Anangu Pitjantjatjara Yankunytjatjara for the carrying out of mining operations on the lands; or
	(ii)	the carrying out or proposed carrying out of mining operations on the lands,
makes a payment, or gives some other consideration, to Anangu Pitjantjatjara Yankunytjatjara (not being a payment or consideration otherwise permitted or provided for in this Act) otherwise than in conformity with—
	(iii)	conditions imposed by Anangu Pitjantjatjara Yankunytjatjara under this Division in granting its permission for the carrying out of the mining operations; or
	(iv)	conditions determined or approved by an arbitrator under this Division; or
	(v)	an agreement of which the Minister of Mines and Energy has been notified under this Division,
then—
	(c)	the amount of the payment, or the value of the consideration, is recoverable as a debt due to the Crown; and
	(d)	—
	(i)	no mining tenement in respect of the lands will be granted to the person and the person is precluded from applying for another mining tenement in respect of the lands for the period of three years; and
	(ii)	if a mining tenement in respect of the lands is held by the person, that tenement is cancelled.
22—Royalty
	(1)	Royalty paid in respect of minerals recovered from the lands shall be paid into a separate fund maintained by the Minister of Mines and Energy.
	(2)	Subject to subsection (3), the royalty shall be applied as follows:
	(a)	one-third shall be paid to Anangu Pitjantjatjara Yankunytjatjara; and
	(b)	one-third shall be paid to the Minister to be applied towards the health, welfare and advancement of the Aboriginal inhabitants of the State generally; and
	(c)	one-third shall be paid into the General Revenue of the State.
	(3)	If the income of the fund maintained under subsection (1) exceeds in any financial year the prescribed limit, the excess shall be paid in full into the General Revenue of the State.
	(4)	No moneys shall be paid out of the fund maintained under subsection (1) unless a regulation is in force prescribing a limit for the purposes of subsection (3).
	(5)	In this section—
royalty means royalty payable under the Mining Act 1971 or the Petroleum Act 1940.
23—Offence in relation to obtaining permission to carry out mining operations
	(1)	A person who, without the consent of the Minister of Mines and Energy, gives, offers, or agrees to give a payment or other consideration to another person (not being a payment or consideration otherwise permitted or provided for in this Act) in connection with obtaining the permission of Anangu Pitjantjatjara Yankunytjatjara to carry out mining operations upon the lands shall be guilty of an offence and liable to a penalty not exceeding two thousand dollars.
	(2)	Where a body corporate commits an offence against subsection (1), each director of the body corporate shall be guilty of an offence and liable to a penalty not exceeding two thousand dollars unless he proves that he could not, by the exercise of reasonable diligence, have prevented the commission of the offence by the body corporate.
24—Certain payments or other consideration to Anangu Pitjantjatjara Yankunytjatjara must represent fair compensation
	(1)	This section applies to payments made, or to be made, or consideration given, or to be given, to Anangu Pitjantjatjara Yankunytjatjara (not being a payment of royalty under section 22) in respect of the carrying out or proposed carrying out of mining operations on the lands.
	(2)	A payment or consideration to which this section applies must be reasonably proportioned to the disturbance to the lands, Anangu, and their ways-of-life, that has resulted or is likely to result from the grant of the relevant mining tenement.
	(3)	A person who makes or gives, or agrees to make or give, a payment or consideration to which this section applies shall, within fourteen days of the date of making or giving the payment or consideration, or entering into the agreement, notify the Minister of Mines and Energy of the amount or value of the payment or consideration, or of the terms of the agreement.
Penalty: Two thousand dollars.

Division 4—The Mintabie precious stones field
25—Special provisions relating to the Mintabie precious stones field
	(1)	A person is not entitled to enter or remain upon the Mintabie precious stones field unless—
	(a)	he has permission under this Act to be upon that field; or
	(b)	he is a member of a class of persons who are, under subsection (2), entitled to enter and remain on the field without permission under this Act.
	(2)	Subject to this section, persons of the following classes are entitled to enter and remain on the Mintabie precious stones field without permission under this Act—
	(a)	persons who hold precious stones prospecting permits;
	(b)	persons carrying on a lawful business at an established place of business upon the field;
	(c)	the lawful or de facto spouse, or parent or child, of a person who is entitled to be on the field under paragraph (a) or (b);
	(d)	persons whose purpose in entering, or being on, the field is to transact lawful business with persons referred to in paragraph (a), (b) or (c), being business that cannot reasonably be transacted from a place outside the lands.
	(3)	A person who is entitled under subsection (2) to enter and remain on the field is entitled, without permission under this Act, to use roads that provide access to the field for the purpose of entering and leaving the field.
	(4)	Where a person carries on, or proposes to carry on, a business of a kind referred to in subsection (2)(b), and the business is not such that a licence, permit or other authorisation is required under the law of the State in respect of that business, he shall notify the designated officer in writing of the nature of the business and of the place at which it is being or is to be carried on.
Penalty: Five hundred dollars.
	(5)	Subject to subsection (6), a person who proposes to enter the field under subsection (2)(d) shall, before doing so, give notice, in the prescribed form, to the designated officer.
Penalty: Five hundred dollars.
	(6)	A person is not required to give notice under subsection (5) where he has been invited to the field by a person referred to in subsection (2)(a), (b) or (c) and that person has given the prescribed notice to the designated officer.
	(7)	The designated officer shall maintain a list of notices given under this section.
	(8)	The list shall be open for inspection by any member of the public.
	(9)	In this section—
the designated officer means the person to whom the Minister of Mines and Energy assigns the functions of designated officer under this section.
26—The Mintabie Consultative Committee
	(1)	There shall be a committee entitled the Mintabie Consultative Committee.
	(2)	The Committee shall at the request of the Minister of Mines and Energy, and may of its own motion, tender advice to the Minister of Mines and Energy on matters related to the administration of the Mintabie precious stones field.
	(3)	The Committee shall consist of the following members:
	(a)	two Anangu nominated by Anangu Pitjantjatjara Yankunytjatjara and appointed by the Governor; and
	(b)	a member of the Police Force nominated by the Commissioner of Police and appointed by the Governor; and
	(c)	a person nominated by the Minister of Mines and Energy and appointed by the Governor; and
	(d)	a person nominated by the Mintabie Progress Association and appointed by the Governor.
	(4)	The Governor shall appoint one of the members nominated by Anangu Pitjantjatjara Yankunytjatjara to be chairman of the Committee.
	(5)	The members of the Committee shall hold office at the pleasure of the Governor.
	(6)	The Anangu members of the Committee are entitled to be accompanied at meetings of the Committee by advisers and interpreters.
	(7)	A member of the Committee may appoint a person to act as his deputy, and a person so appointed may, in the absence of that member, act in his place at a meeting of the Committee.
	(8)	Subject to this section and the regulations, the procedures for convening meetings of the Committee and transacting its business shall be as determined by the Committee.
	(9)	A decision carried by a majority of the votes cast by the members present at a meeting of the Committee shall be a decision of the Committee.
	(10)	Each member present at a meeting of the Committee shall have one vote on any matter arising for decision at that meeting and, in the event of an equality of votes, the chairman shall have a second, or casting, vote.
27—Exclusion of certain persons from the field
	(1)	A court of summary jurisdiction may upon the application of the Committee or of Anangu Pitjantjatjara Yankunytjatjara, make an order prohibiting a person from entering or remaining on the Mintabie precious stones field.
	(2)	An order shall not be made against a person under subsection (1) unless the person against whom the order is sought—
	(a)	has, after the commencement of this Act, been convicted of—
	(i)	an offence involving violence or a breach of the peace; or
	(ii)	an offence of a sexual nature; or
	(iii)	an offence involving the unlawful sale of a motor vehicle; or
	(iv)	larceny; or
	(v)	an offence involving the unlawful sale of liquor or a regulated substance; or
	(vi)	an offence involving wilful interference with an Aboriginal sacred site; or
	(b)	has acted in a manner prejudicial to—
	(i)	the welfare of an Aboriginal individual or group; or
	(ii)	the welfare of those who are lawfully on the field in pursuance of this Division.
	(3)	A person in respect of whom an order is in force under subsection (1) who enters or remains on the field in contravention of the order shall be guilty of an offence and liable to a penalty not exceeding ten thousand dollars or imprisonment for two years.
	(4)	A court of summary jurisdiction may, upon the application of a person against whom an order has been made under this section, revoke the order, but it shall not do so unless it has first allowed the Committee and Anangu Pitjantjatjara Yankunytjatjara a reasonable opportunity to be heard upon the matter.
28—Annual licences and incidental rights for Mintabie residents
	(1)	The defined area shall be deemed to have been leased by Anangu Pitjantjatjara Yankunytjatjara to the Crown for a term of twenty-one years commencing on the date of commencement of this Act.
	(2)	The Minister of Lands may, upon the application of a Mintabie resident, issue or renew an annual licence entitling him, subject to the terms and conditions of the licence, to occupy land within the defined area, but no such licence shall operate after the expiration of the period referred to in subsection (1).
	(3)	The annual rental payable under a licence issued under subsection (2) shall be twenty dollars or such other amount as may be determined by the Minister of Lands, and in determining any such annual rental he shall have regard to, and generally follow, the rates of rental fixed by the Crown in respect of annual licences issued in comparable situations.
	(4)	Once in each year, the Minister of Lands shall pay to Anangu Pitjantjatjara Yankunytjatjara all amounts collected during the preceding period of twelve months by way of annual rental under licences issued in pursuance of this section.
	(5)	The Minister of Lands shall not issue a licence under this section to a person who is, by order of a court, prohibited from entering or remaining on the Mintabie precious stones field, and, if such an order is made against a licensee, the Minister shall revoke his licence.
	(6)	A annual licence issued under this section is not transferable nor may any of the rights conferred by the licence be assigned.
	(7)	The Minister of Lands shall, as soon as practicable after issuing a licence under this section, notify Anangu Pitjantjatjara Yankunytjatjara of—
	(a)	the name of the licensee; and
	(b)	the land to which the licence relates.
	(8)	A Mintabie resident shall be entitled, without permission under this Act, to use and maintain the airfield adjacent to the defined area as an airfield, and to have such access to the lands as is reasonably necessary for the purpose.
	(9)	A Mintabie resident shall be entitled, without permission under this Act—
	(a)	to use and maintain the bore and water distribution system by which water is provided on the Mintabie precious stones field; and
	(b)	to drill a further bore or bores (either in addition to or in substitution for the present bore) on a site to be agreed with Anangu Pitjantjatjara Yankunytjatjara (which agreement shall not be unreasonably or capriciously withheld) and to install and maintain such pumps, pipes and other equipment as may be necessary to connect it to the water distribution system, and to have such access to the lands as is necessary for those purposes.
	(10)	In this section—
the defined area means section 1291 Out of Hundreds (Everard).
	(11)	This section shall cease to operate in the event of the Mintabie precious stones field ceasing to be a precious stones field for the purposes of the Mining Act 1971.
29—Interaction of this Division and the Mining Act
	(1)	Subject to subsection (2), this Division does not derogate from the provisions of the Mining Act 1971.
	(2)	Notwithstanding the provisions of the Mining Act 1971, the consent of Anangu Pitjantjatjara Yankunytjatjara is not required to the pegging out of a precious stones claim on the Mintabie precious stones field.

Division 5—Right of the Crown to continue in occupation of certain parts of the lands
30—Right of the Crown to continue its occupation of certain land
Where before the commencement of this Act the Crown occupied a part of the lands for purposes connected with the health, education, welfare or advancement of Anangu, the Crown may continue to occupy that part of the lands, for a period of up to fifty years, for the same or similar purposes and without payment of rent or compensation to Anangu Pitjantjatjara Yankunytjatjara.

Division 6—Construction of roads by the Commissioner of Highways
31—Consent of Anangu Pitjantjatjara Yankunytjatjara required for road works
	(1)	The Commissioner of Highways may carry out road works upon the lands with the consent of Anangu Pitjantjatjara Yankunytjatjara.
	(2)	The consent of Anangu Pitjantjatjara Yankunytjatjara may be given subject to such conditions as Anangu Pitjantjatjara Yankunytjatjara thinks fit.
	(3)	Anangu Pitjantjatjara Yankunytjatjara shall not withhold its consent to the construction or re-construction of a road referred to in Schedule 2, but this subsection does not prejudice the right of Anangu Pitjantjatjara Yankunytjatjara to negotiate conditions affecting the location of the road, the road works, or ancillary or associated works.
32—Proposals to carry out road works and arbitration of disputes
	(1)	Where the Commissioner of Highways desires to carry out road works on the lands, he shall submit to Anangu Pitjantjatjara Yankunytjatjara proposals containing—
	(a)	a plan describing the land on which the road works are to be carried out; and
	(b)	a description of all ancillary or associated works that are to be carried out and of the areas in which those ancillary or associated works are to be carried out; and
	(c)	a description of the access roads to be used for the purpose of the road works, or the ancillary or associated works; and
	(d)	a general description of the areas in which gravel or stone is to be quarried for the purpose of the road works; and
	(e)	such other information as Anangu Pitjantjatjara Yankunytjatjara may reasonably require.
	(2)	If the Commissioner and Anangu Pitjantjatjara Yankunytjatjara are unable to agree on the proposals, or on some modified form of the proposals, the Commissioner may submit the differences to arbitration.
	(3)	The arbitrator shall be the arbitrator appointed in pursuance of section 20.
	(4)	The arbitrator is empowered to determine any matter in dispute and his determination shall be binding on the Commissioner and on Anangu Pitjantjatjara Yankunytjatjara.
	(5)	No compensation is payable to Anangu Pitjantjatjara Yankunytjatjara in respect of loss or damage arising from road works where those road works are carried out in relation to the roads referred to in Schedule 2 and in accordance with conditions agreed by Anangu Pitjantjatjara Yankunytjatjara and the Commissioner, or determined by the arbitrator.
	(6)	For the purposes of this section, the document entitled "Proposal for the Establishment of a Road Construction Corridor and the Construction of the new Stuart Highway" executed by the Commissioner of Highways and the Pitjantjatjara Council Incorporated, deposited in the General Registry Office and numbered 2293 of 1980, shall be deemed to constitute proposals agreed upon by Anangu Pitjantjatjara Yankunytjatjara and the Commissioner.
33—Road reserves
	(1)	The area comprised within one hundred metres to each side of the centre line of the roads referred to in Schedule 2 (the centre line being ascertained by reference to the road as constructed) constitutes a road reserve.
	(2)	The Commissioner of Highways is entitled to unrestricted use of a road reserve for purposes related to road works.
	(3)	A member of the public shall be entitled to free and unrestricted access to any of the roads referred to in Schedule 2 and to land comprised in a road reserve.
34—Consent not required for maintenance or repair of roads referred to in Schedule 2
The provisions of sections 31 and 32 shall not apply to the maintenance or repair (being maintenance or repair not involving re-alignment) of a road referred to in Schedule 2 provided that materials used in the course of the maintenance or repair of the road are not taken from any part of the lands that lies outside the road reserve.

Part 4—Disputes
35—Conciliator
	(1)	There will be a conciliator for the lands.
	(2)	The conciliator will be appointed by the Minister, with the approval of Anangu Pitjantjatjara Yankunytjatjara, for a term, and on conditions, determined by the Minister.
36—Disputes
	(1)	An Anangu who is aggrieved by a decision or action of the Executive Board may appeal to the conciliator against that decision or action.
	(1a)	The conciliator may refuse to hear an appeal if the conciliator considers that the appeal is frivolous or vexatious.
	(1b)	Before hearing an appeal, the conciliator should, so far as is practicable, endeavour to resolve the dispute by mediation between the parties.
	(2)	The conciliator—
	(a)	shall hear the appeal at some suitable place upon the lands; and
	(b)	shall conduct the hearing as expeditiously as possible and without undue formality.
	(3)	The conciliator is not bound by the rules of evidence in proceedings under this section, but may inform herself or himself in such manner as she or he thinks fit.
	(4)	In proceedings under this section, the conciliator—
	(a)	must seek to further the objects of the Act; and
	(b)	must have regard to, and where appropriate give effect to, the customs and traditions of the Pitjantjatjara, Yankunytjatjara or Ngaanyatjarra people (as the case requires); and
	(c)	must act fairly and consider the need of the Executive Board to balance the interests of all Anangu.
	(5)	The conciliator may in proceedings under this section—
	(a)	give such directions as she or he considers just or expedient to resolve any matters in dispute; or
	(b)	refer the matter back to Anangu Pitjantjatjara Yankunytjatjara to be further dealt with in accordance with his directions.
	(6)	A direction under this section that is inconsistent with this or any other Act or law, or the constitution, is, to the extent of the inconsistency, void and of no effect.
37—Order compelling compliance with direction of conciliator
	(1)	If a person or body refuses or fails to comply with a direction of the conciliator, any party to the proceedings before the conciliator may apply to the District Court for an order to compel that person or body to comply with the direction.
	(2)	On an application under this section, the District Court must, unless satisfied that the direction of the conciliator is unjust or unreasonable, make an order requiring the person or body against whom the direction was made to comply with the direction.
	(3)	Proceedings under this section shall be heard at some suitable place upon the lands, and shall be conducted as expeditiously as possible and without undue formality.

Part 5—Miscellaneous
38—Summary offences
Proceedings in respect of offences against this Act shall be disposed of summarily.
39—Power of court to order compensation in certain cases
Where a person is convicted of an offence against this Act or any other Act, and it appears to the court by which that person is convicted that Anangu Pitjantjatjara Yankunytjatjara has suffered damage to its property as a result of the commission of the offence, the court may order the convicted person to pay such compensation to Anangu Pitjantjatjara Yankunytjatjara as the court considers just.
40—Exemption of lands from land tax
No land tax is payable upon the lands.
41—Financial provision
The moneys required for the purposes of this Act shall be paid out of moneys provided by Parliament for those purposes.
42—Non-application of Outback Areas Community Development Trust Act
	(1)	The Outback Areas Community Development Trust Act 1978 does not apply to the lands.
	(2)	Notwithstanding subsection (1), the Outback Areas Community Development Trust may expend moneys for the benefit of residents of the Mintabie precious stones field.
42A—Interaction between this Act and certain other Acts and laws
	(1)	For the purpose of determining whether a particular part of the lands is a public place within the meaning of some other Act or law, any restrictions upon access to the lands or that place arising under this Act shall be disregarded.
	(2)	A reference in the Road Traffic Act 1961 or the Motor Vehicles Act 1959 to a road extends to any road on the lands.
42B—Depasturing of stock
A provision of the Pastoral Land Management and Conservation Act 1989 relating to overstocking that applies to holders of pastoral leases under that Act applies in respect of the depasturing of stock upon the lands as if—
	(a)	if a lease or licence has been granted by Anangu Pitjantjatjara Yankunytjatjara for the purpose of grazing livestock on part of the lands—the lessee or licensee; or
	(b)	in any other case—Anangu Pitjantjatjara Yankunytjatjara,
were the holder of a pastoral lease under that Act in respect of the lands or part of the lands.
42C—Protection from personal liability
	(1)	No personal civil liability is incurred for an act or omission by—
	(a)	a member of the Executive Board; or
	(b)	the Director of Administration or the General Manager or other employee of Anangu Pitjantjatjara Yankunytjatjara; or
	(c)	an Administrator under Part 2 Division 4B; or
	(d)	any other person engaged in the administration of this Act,
in good faith in the performance or purported performance of functions or duties under this Act.
	(2)	A liability that would, but for subclause (1), lie against a person, lies instead against Anangu Pitjantjatjara Yankunytjatjara.
	(3)	This section does not prejudice rights of action of the Executive Board itself in respect of an act or omission not in good faith.
43—Regulations
	(1)	The Governor may make regulations—
	(a)	regulating, restricting or prohibiting the depasturing of stock upon any specified part of the lands;
	(b)	regulating, restricting or prohibiting any activity on the lands that may have adverse environmental consequences;
	(e)	prescribing other matters contemplated by this Act, or necessary or expedient for the purposes of this Act.
	(2)	A regulation shall not be made under subsection (1)(b) except upon the recommendation of Anangu Pitjantjatjara Yankunytjatjara.
	(3)	Anangu Pitjantjatjara Yankunytjatjara may make by-laws—
	(a)	regulating, restricting or prohibiting the consumption, possession, sale or supply of alcoholic liquor on the lands;
	(b)	prohibiting the inhalation or consumption of any regulated substance on the lands and prohibiting the possession, sale or supply of any regulated substance on the lands for the purpose of inhalation or consumption;
	(c)	providing for the confiscation, in circumstances in which a contravention of a by-law under paragraph (a) or (b) is reasonably suspected, of alcoholic liquor or any regulated substance to which the suspected contravention relates;
	(d)	providing for the treatment or rehabilitation (or both) of any person affected by the misuse of alcoholic liquor or any regulated substance;
	(e)	prohibiting specified forms of gambling on the lands;
	(f)	providing for any other matter that is prescribed by the regulations as a matter in relation to which by-laws may be made.
	(4)	The operation of a by-law is restricted to the lands.
	(5)	Where Anangu Pitjantjatjara Yankunytjatjara proposes to make, alter or repeal a by-law, it must give reasonable notice in writing of the proposal to the Minister.
	(6)	A by-law made under this section—
	(a)	must be submitted to the Governor for confirmation; and
	(b)	is subject to disallowance by Parliament.
	(7)	A member of the police force may seize and impound any vehicle reasonably suspected of having been used in connection with the supply of alcoholic liquor to any person on the lands in contravention of a by-law.
	(8)	If a vehicle is seized pursuant to subsection (7), the matter must be referred at the next available opportunity to a magistrate conducting sittings of court on the lands.
	(9)	An order for the forfeiture of the vehicle to the Crown may be made by a magistrate if the magistrate is satisfied—
	(a)	that the vehicle has been used in connection with the supply of alcoholic liquor to a person on the lands in contravention of a by-law; and
	(b)	that any person who so used the vehicle has on at least one previous occasion been found guilty of the offence of supplying alcoholic liquor to a person on the lands in contravention of a regulation or by-law under this Act; and
	(c)	that in the circumstances of the case it is appropriate that the vehicle be confiscated.
	(10)	A court by which a person is found to have been unlawfully in possession of alcoholic liquor or a regulated substance for his or her own use in contravention of the by-laws may, subject to the by-laws, order that person to undergo treatment or participate in a rehabilitation programme prescribed by the by-laws.
	(11)	Subject to subsection (12), a person who contravenes or fails to comply with a regulation or by-law is liable to a penalty as follows:
	(a)	if the regulation or by-law specifies a penalty (which must not exceed $2 000)—the penalty so specified; or
	(b)	if no penalty is specified—a fine of $2 000.
	(12)	A person who contravenes—
	(a)	a by-law regulating, restricting or prohibiting the sale or supply of alcoholic liquor on the lands; or
	(b)	a by-law prohibiting the sale or supply of a regulated substance on the lands for the purpose of inhalation or consumption,
is liable to a fine of $2 000 or imprisonment for two years.
	(13)	In this section—
	(a)	a reference to a regulated substance is a reference to—
	(i)	petrol; or
	(ii)	any other substance declared by the regulations to be a regulated substance for the purposes of this Act; and
	(b)	a reference to a member of the police force extends to a special constable authorised by a member of the police force to seize a vehicle under this section.

Schedule 1
(a)	The North West Reserve, blocks 915, 948, 950, 953, 964, 1018, 1019, 1031, 1032 and 1217, Out of Hundreds.
(b)	Section 462, Out of Hundreds.
(c)	Pastoral blocks 1033, 1058, 1060 and 1074 and Section 1280, Out of Hundreds.
(d)	Pastoral blocks 863, 900, 907, 908 and 1165, Out of Hundreds.
(e)	Pastoral blocks 1034 and 1202, Out of Hundreds.
(f)	Pastoral blocks 1036, 1037, 1038 and 1077, Out of Hundreds.
(g)	The land in respect of which partial surrender No. 4603197 and partial surrender No. 4603198 were registered in the Register of Crown Leases.

Schedule 2
1	The Stuart Highway.
2	The Oodnadatta to Granite Downs Road.

Schedule 3—Rules of election under section 9
Part 1—Preliminary
1—Interpretation
In this Schedule—
Court means the Court of Disputed Returns constituted under this Schedule;
electoral official means the returning officer or an electoral official appointed by the returning officer under clause 3(2);
relevant electoral official means an electoral official appointed to be responsible for a particular electorate in accordance with clause 3(2);
returning officer—see clause 3(1).
Part 2—General rules relating to an election
2—Elections
An election under section 9 will consist of an election of 1 member of the Executive Board from each of the following community groups (and each community group will constitute an electorate for the election):
	(a)	Pipalyatjara/Kalka;
	(b)	Watarru;
	(c)	Kanypi/Nyapari/Angatja;
	(d)	Amata/Tjurma;
	(e)	Kaltjiti/Irintata/Watinuma;
	(f)	Anilalya/Turkey Bore;
	(g)	Pukatja/Yunyarinyi;
	(h)	Mimili;
	(i)	Iwantja;
	(j)	Amuruna/Railway Bore/Witjintitja/Wallatinna.
3—Returning officer
	(1)	The Electoral Commissioner will be the returning officer for the purposes of an election under section 9.
	(2)	The returning officer must appoint a relevant electoral official in relation to each electorate, and may appoint one or more other electoral officials to assist in the conduct of an election.
	(3)	Without limiting the generality of subclause (2), an electoral official—
	(a)	may hand out nomination forms to members of the community; and
	(b)	may receive nomination forms up to the close of nominations; and
	(c)	may take a photograph of each candidate and write the name of the candidate on the back.
4—Election timetable
	(1)	Subject to this Schedule, voting will be held in each electorate during the period from 9.30 am until 3 pm during a period determined by the returning officer (which must be the same period in each electorate).
	(2)	A person may only vote during the times, and during the period, referred to in subclause (1).
	(3)	Subject to this Schedule, the period determined by the returning officer during which voting may be held must be not less than 1 day and not more than 7 days.
5—Distribution of information
	(1)	The returning officer will be responsible for publicity of an election in each electorate.
	(2)	Publicity of an election under these rules must include—
	(a)	the description of the election process; and
	(b)	the period during which voting may take place; and
	(c)	the location or locations where—
	(i)	nominations will be called; and
	(ii)	voting will take place,
in each electorate; and
	(d)	the eligibility of voters to one vote in the election during the period during which voting may take place.
6—Eligibility and nominations
	(1)	An Anangu of or above the age of 18 years who is a member of a community constituting an electorate will be eligible—
	(a)	to nominate for the office of the member of the Executive Board to be elected from the electorate; and
	(b)	to vote in an election held in relation to the electorate.
	(2)	Nominations will be called in each electorate at a time and location or locations determined by the returning officer, and will close 7 days after the nominations are called.
	(3)	A person wishing to nominate must nominate in writing and lodge their nomination with the relevant electoral official.
	(4)	If, at the close of nominations, it appears that the same person has nominated for election to two or more offices, both or all the nominations are void.
	(5)	If more than one person nominates in an election for a particular electorate, a photograph of each candidate will be taken and be used to assist voters during the voting process.
	(6)	The relevant electoral official must cause all nomination forms and photographs of candidates (if any) to be sent to the returning officer in a manner determined by the returning officer (but so that the documents reach the returning officer within 7 days after the close of nominations).
7—Uncontested elections
If only one nomination is received in relation to any office to be filled at an election under section 9, the relevant electoral official will declare the candidate duly elected to the office.
8—Voting
	(1)	If more than one nomination is received in relation to an office to be filled at an election under section 9, an election by secret ballot in relation to the office will be held in accordance with this Schedule during the period, and at a location or locations, determined by the returning officer (and such period should commence approximately 21 days after the nominations close).
	(2)	Voting will be conducted by use of voting marbles placed in receptacles each bearing the name and the photograph of a candidate, and the method of voting will be first past the post.
	(3)	The relevant electoral official must place the receptacles in a line, the order of which is to be determined by lot conducted by the electoral official in the presence of another person.
	(4)	Each person wishing to vote must cast their vote in the presence of an electoral official (but otherwise in private) by placing a voting marble in the receptacle that bears the name and the photograph of the candidate of their choice.
	(5)	A person may, at an election, only cast 1 vote in relation to the election of members of the Executive Board.
	(6)	To avoid doubt, voting is not compulsory.
9—Counting of votes
	(1)	The following provisions relate to the counting of votes at an election:
	(a)	an electoral official must count the votes for each candidate;
	(b)	the candidate receiving the greatest number of votes will be elected;
	(c)	in the event of a tie, an electoral official will determine who is elected by placing the names of the drawn candidates into a receptacle and drawing one out (and the candidate drawn out will be elected).
	(2)	A candidate may nominate a person (not being a candidate) to represent him or her during the counting of votes by signing a scrutineer’s form (and the scrutineer may view the handing out of voting marbles and counting of votes, but must not view an elector voting).
Part 3—Declaration of results
15—Provisional declarations
When the result of the election becomes apparent, the returning officer must make a provisional declaration of the result.
16—Recounts
	(1)	At any time within 48 hours after the returning officer has made a provisional declaration, a candidate (not being a candidate in whose favour the provisional declaration was made) may, in a manner determined by the returning officer, request a recount of the votes cast in relation to the relevant vacancy and, in the event of a request being made, the returning officer must cause a recount of votes to be made unless the returning officer considers that there is no prospect that a recount would alter the result of the election.
	(2)	The returning officer may, on his or her own initiative, during the period of 48 hours referred to in subclause (1), decide to conduct a recount of any votes cast in the election.
	(3)	The following provisions apply to a recount:
	(a)	the returning officer should give the candidates reasonable notice of the time and place at which it is to be conducted;
	(b)	the returning officer may reverse a decision taken at the count;
	(c)	if the votes of two or more candidates are equal and one of them was excluded by lot at the count, the same candidate must be excluded at the recount.
17—Declaration of results and certificate
	(1)	If the period for requesting a recount for an election expires without such a request having been made and the returning officer has not decided to initiate a recount, the returning officer must confirm the relevant provisional declarations, and immediately make out a return to the Minister certifying the election of specified candidates to specified offices.
	(2)	If a recount is made, the returning officer must, according to the result of the recount—
	(a)	confirm the relevant provisional declaration; or
	(b)	revoke the provisional declaration and make a final declaration in accordance with the result of the recount,
and then immediately make out a return to the Minister certifying the result of the election accordingly.
	(3)	The returning officer—
	(a)	must notify all candidates, in writing, of the result of the election; and
	(b)	must within 1 month after the conclusion of the election cause the result of the election to be published—
	(i)	in the Gazette; and
	(ii)	in a newspaper circulating throughout the State; and
	(iii)	in any other manner determined by the Minister.
	(4)	When the returning officer certifies the result of an election under subclause (1) or (2), the election of the candidate or candidates takes effect immediately.
Part 4—Disputed Returns
18—Constitution of Court
	(1)	There will be a Court of Disputed Returns for the purposes of this Act.
	(2)	The Court is constituted of a District Court Judge.
	(3)	The Court, separately constituted under this clause, may sit contemporaneously to hear separate proceedings.
	(4)	The Court is a court of record.
	(5)	Subject to this Part, the procedure and powers of the Court are the same as those of the District Court when exercising its civil jurisdiction.
19—The clerk of the Court
	(1)	There will be a clerk of the Court appointed by the Chief Judge of the District Court.
	(2)	The office of clerk of the Court may be held in conjunction with any other office.
20—Jurisdiction of the Court
	(1)	The Court has jurisdiction to hear and determine any petition addressed to it disputing the validity of an election under this Act.
	(2)	The Court may not call in question the eligibility of a person—
	(a)	to nominate for the office of the member of the Executive Board to be elected from a particular electorate; or
	(b)	to vote in an election held in relation to a particular electorate,
on the basis of whether or not they are an Anangu, or a member of a particular community group.
21—Procedure upon petition
	(1)	A petition to the Court must—
	(a)	set out the facts relied on to invalidate the election; and
	(b)	set out the relief to which the petitioner claims to be entitled; and
	(c)	be signed by a candidate at the election in dispute or by an elector for that election; and
	(d)	be lodged with the clerk of the Court within 28 days after the conclusion of the election; and
	(e)	be accompanied by the prescribed amount as security for costs.
	(2)	A copy of the petition must be served on—
	(a)	any person declared elected in the disputed election; and
	(b)	Anangu Pitjantjatjara Yankunytjatjara; and
	(c)	if it is alleged that the election is invalid on account of an act or omission of an electoral official—the returning officer.
	(3)	If, having been served under subclause (2), a person or Anangu Pitjantjatjara Yankunytjatjara proposes to contest the petition, the person or Anangu Pitjantjatjara Yankunytjatjara must, within 14 days after service, or such further time as may be allowed by the Court (on application made either before or after the expiration of the period of 14 days), lodge with the clerk of the Court, and serve on the petitioner, a reply.
	(4)	A reply must—
	(a)	set out the facts on which the applicant proposes to rely; and
	(b)	ask for any relief to which the applicant claims to be entitled; and
	(c)	be executed by—
	(i)	if the applicant is a natural person—the applicant; or
	(ii)	if the applicant is Anangu Pitjantjatjara Yankunytjatjara—Anangu Pitjantjatjara Yankunytjatjara.
22—Powers of the Court
	(1)	The Court must sit as an open court, and its powers include the following:
	(a)	to adjourn;
	(b)	to compel the attendance of witnesses and the production of documents;
	(c)	to examine witnesses on oath, affirmation or declaration;
	(d)	with the consent of the parties to the proceedings, to receive evidence on affidavit or by statutory declaration;
	(e)	subject to this Act and the rules, to determine its procedure in each case;
	(f)	to declare—
	(i)	that a person who was returned as elected was not duly elected; and
	(ii)	that a candidate who was not returned as elected was duly elected;
	(g)	to declare an election void;
	(h)	to dismiss or uphold a petition, in whole or in part;
	(i)	to amend or allow the amendment of a petition or reply;
	(j)	to punish contempt of its authority by fine or imprisonment.
	(2)	The Court may exercise all or any of its powers under this clause on such grounds as the Court in its discretion thinks just and sufficient.
	(3)	The Court is not bound by the rules of evidence.
	(4)	The Court must act according to good conscience and the substantial merits of the case without regard to legal technicalities.
	(5)	A decision of the Court is final and without appeal.
23—Illegal practices
	(1)	The Court cannot declare an election void, or that a candidate returned as elected was not duly elected, on the ground of an illegal practice found by the Court to have been committed unless the Court is satisfied, on the balance of probabilities, that the result of the election was affected by the illegal practice.
	(2)	If an illegal practice under section 9A(1)(a)(i) or 9A(2)(b) is found by the Court to have been committed, the illegal practice will be taken to have affected the result of the election unless the contrary is proved on the balance of probabilities.
	(3)	No finding by the Court as to whether an illegal practice was committed constitutes a bar to criminal proceedings in relation to the illegal practice or may be admitted as evidence in such proceedings.
	(4)	If the Court finds that an illegal practice occurred in relation to an election, the clerk of the Court must report the finding to the Minister.
	(5)	In this clause—
illegal practice means an offence against Part 2 Division 4 of this Act.
24—Effect of decision
	(1)	If pursuant to this Part a person returned as elected is declared not to have been duly elected, that person ceases to be a member of the Executive Board and the person declared to have been duly elected will take his or her place accordingly.
	(2)	If pursuant to this Part an election is declared void, a person returned as elected at the election ceases to be a member of the Executive Board.
25—Participation of Anangu Pitjantjatjara Yankunytjatjara in proceedings
	(1)	The Court may—
	(a)	on the application of a party to the proceedings—order that Anangu Pitjantjatjara Yankunytjatjara be joined as a party to the proceedings; or
	(b)	on the application of Anangu Pitjantjatjara Yankunytjatjara—allow Anangu Pitjantjatjara Yankunytjatjara to intervene in the proceedings.
	(2)	Anangu Pitjantjatjara Yankunytjatjara may only be joined as a party to the proceedings or allowed to intervene if the Court is satisfied that it is fair and reasonable that Anangu Pitjantjatjara Yankunytjatjara participate in the proceedings.
	(3)	If Anangu Pitjantjatjara Yankunytjatjara is allowed to intervene in the proceedings, it may intervene in the manner and to the extent directed by the Court, and on such other conditions as the Court may direct.
26—Right of appearance
A party to proceedings before the Court may appear personally or be represented by counsel.
27—Case stated
The Court may, of its own motion or on the application of a party to proceedings, state a question of law for the opinion of the Full Court of the Supreme Court.
28—Costs
	(1)	The Court may make orders for costs as it thinks just (including an order for costs in favour of or against Anangu Pitjantjatjara Yankunytjatjara if it has been joined as a party to the proceedings or has intervened in the proceedings).
	(2)	If an election is declared void, or a candidate returned as elected is declared not to have been duly elected, on account of an act or omission of an electoral official, any costs in favour of the petitioner must, to the extent to which they are attributable to that act or omission, be awarded against the Crown.
	(3)	An order under this clause may be enforced as an order of the District Court.
29—Rules of the Court
The Chief Judge of the District Court may make rules—
	(a)	regulating the practices and procedures of the Court; and
	(b)	fixing fees to be paid in respect of proceedings before the Court; and
	(c)	making any other provision necessary or expedient for the purposes of this Schedule.
Part 5—Miscellaneous
30—Amendment of Schedule
The Governor may, on the recommendation of the Minister and Anangu Pitjantjatjara Yankunytjatjara, by regulation, amend this Schedule.
31—Costs
Any money required for the purposes of an election under section 9 is to be paid out of the Consolidated Account (which is appropriated to the necessary extent).

Legislative history
Notes
	•	Amendments of this version that are uncommenced are not incorporated into the text.
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Formerly
Pitjantjatjara Land Rights Act 1981
Principal Act and amendments
New entries appear in bold.
Year | No | Title | Assent | Commencement
1981 | 20 | Pitjantjatjara Land Rights Act 1981 | 19.3.1981 | 2.10.1981 (Gazette 2.10.1981 p1139)
1987 | 50 | Pitjantjatjara Land Rights Act Amendment Act 1987 | 30.4.1987 | 18.6.1987 (Gazette 18.6.1987 p1542)
2004 | 25 | Pitjantjatjara Land Rights (Executive Board) Amendment Act 2004 | 15.7.2004 | 16.8.2004 (Gazette 22.7.2004 p2594)
2005 | 52 | Pitjantjatjara Land Rights (Miscellaneous) Amendment Act 2005 | 27.10.2005 | 27.10.2005 (Gazette 27.10.2005 p3830)
2006 | 17 | Statutes Amendment (New Rules of Civil Procedure) Act 2006 | 6.7.2006 | Pt 7 (s 39)—4.9.2006 (Gazette 17.8.2006 p2831)
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision | How varied | Commencement
Long title | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
Pt 1 | |
s 1 | amended by 52/2005 s 4 | 27.10.2005
s 2 | omitted under Legislation Revision and Publication Act 2002 | 16.8.2004
s 3 | amended by 50/1987 s 3 | 18.6.1987
| omitted under Legislation Revision and Publication Act 2002 | 16.8.2004
s 4 | |
s 4(1) | s 4 redesignated as s 4(1) by 52/2005 s 5(6) | 27.10.2005
Administrator | inserted by 52/2005 s 5(1) | 27.10.2005
Anangu | inserted by 52/2005 s 5(1) | 27.10.2005
Anangu Pitjantjatjaraku Yankunytjatjara | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
the constitution | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
Director of Administration | inserted by 52/2005 s 5(2) | 27.10.2005
Electoral Commissioner | inserted by 25/2004 s 4 | 16.8.2004
electorate | inserted by 52/2005 s 5(3) | 27.10.2005
the Executive Board | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
General Manager | inserted by 52/2005 s 5(4) | 27.10.2005
petrol | inserted by 50/1987 s 4 | 18.6.1987
principal office | inserted by 52/2005 s 5(5) | 27.10.2005
s 4(2) | inserted by 52/2005 s 5(6) | 27.10.2005
s 4A | inserted by 52/2005 s 6 | 27.10.2005
Pt 2 | heading amended by 50/1987 s 3 | 18.6.1987
Pt 2 Div 1 | heading amended by 50/1987 s 3 | 18.6.1987
s 5 | |
s 5(1) and (2) | amended by 50/1987 s 3 | 18.6.1987
| substituted by 52/2005 s 7(1) | 27.10.2005
s 5(3) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 7(2) | 27.10.2005
s 5(4) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 7(3) | 27.10.2005
Pt 2 Div 2 | heading amended by 50/1987 s 3 | 18.6.1987
s 6 | |
s 6(1) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 6(2) | amended by 50/1987 ss 3, 5 | 18.6.1987
| amended by 52/2005 ss 8(1)—(4), 31(1), (2) | 27.10.2005
s 6(3)—(8) | inserted by 52/2005 s 8(5) | 27.10.2005
s 7 | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
Pt 2 Div 3 | heading amended by 50/1987 s 3 | 18.6.1987
s 8 | |
s 8(1) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 8(2) | amended by 50/1987 s 3 | 18.6.1987
| deleted by 52/2005 s 9(1) | 27.10.2005
s 8(3) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 8(4) | amended by 50/1987 s 3 | 18.6.1987
| substituted by 52/2005 s 9(2) | 27.10.2005
Pt 2 Div 4 | heading amended by 50/1987 s 3 | 18.6.1987
s 9 | |
s 9(1) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 9(2) | amended by 50/1987 s 3 | 18.6.1987
| substituted by 25/2004 s 5(1) | 16.8.2004
| substituted by 52/2005 s 10(1) | 27.10.2005
s 9(2a) | inserted by 52/2005 s 10(1) | 27.10.2005
s 9(3) | deleted by 25/2004 s 5(2) | 16.8.2004
s 9(4) | amended by 50/1987 s 3 | 18.6.1987
| substituted by 25/2004 s 5(3) | 16.8.2004
| amended by 52/2005 s 10(2) | 27.10.2005
s 9(5) | amended by 50/1987 s 3 | 18.6.1987
| amended by 25/2004 s 5(4) | 16.8.2004
| deleted by 52/2005 s 10(3) | 27.10.2005
s 9(6) | amended by 50/1987 s 3 | 18.6.1987
| substituted by 25/2004 s 5(5) | 16.8.2004
| amended by 52/2005 s 10(4) | 27.10.2005
s 9(7) | inserted by 25/2004 s 5(5) | 16.8.2004
s 9(8)—(11) | inserted by 52/2005 s 10(5) | 27.10.2005
s 9A | inserted by 25/2004 s 6 | 16.8.2004
ss 9B—9F | inserted by 52/2005 s 11 | 27.10.2005
s 10 | substituted by 52/2005 s 12 | 27.10.2005
ss 11 and 12 | amended by 50/1987 s 3 | 18.6.1987
| substituted by 52/2005 s 12 | 27.10.2005
ss 12A—12H | inserted by 52/2005 s 12 | 27.10.2005
s 13 | |
s 13(1) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 13(2) | amended by 50/1987 s 3 | 18.6.1987
| substituted by 52/2005 s 13 | 27.10.2005
s 13(3) and (4) | inserted by 52/2005 s 13 | 27.10.2005
s 13A | inserted by 52/2005 s 14 | 27.10.2005
Pt 2 Div 4A | inserted by 52/2005 s 14 | 27.10.2005
Pt 2 Div 4B | inserted by 52/2005 s 14 | 27.10.2005
Pt 2 Div 5 | |
s 14 before substitution by 52/2005 | |
s 14(1) | amended by 50/1987 s 3 | 18.6.1987
s 14(3) | amended by 50/1987 s 3 | 18.6.1987
| amended by 25/2004 s 7(1) | 16.8.2004
s 14(4) | deleted by 25/2004 s 7(2) | 16.8.2004
s 14(5) | amended by 50/1987 s 3 | 18.6.1987
s 14 | substituted by 52/2005 s 15 | 27.10.2005
Pt 3 | |
Pt 3 Div 1 | heading amended by 50/1987 s 3 | 18.6.1987
s 15 | |
s 15(1) and (3) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 17 | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
Pt 3 Div 2 | |
s 18 | amended by 52/2005 s 16 | 27.10.2005
s 19 | |
s 19(1) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 ss 17(1), 31(1), (2) | 27.10.2005
s 19(3) | substituted by 50/1987 s 6(a) | 18.6.1987
| amended by 52/2005 s 17(2) | 27.10.2005
s 19(4) and (5) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 19(5a)—(5c) | inserted by 50/1987 s 6(b) | 18.6.1987
s 19(6) and (7) | amended by 50/1987 s 3 | 18.6.1987
| deleted by 52/2005 s 17(3) | 27.10.2005
s 19(8) | amended by 25/2004 s 8(1) | 16.8.2004
| amended by 52/2005 s 17(4)—(9) | 27.10.2005
s 19(9) | amended by 50/1987 s 3 | 18.6.1987
| amended by 25/2004 s 8(2) | 16.8.2004
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 19(9a) | inserted by 50/1987 s 6(c) | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 19(10) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 ss 17(10), 31(1), (2) | 27.10.2005
s 19(11) | amended by 50/1987 s 3 | 18.6.1987
| deleted by 52/2005 s 17(11) | 27.10.2005
s 19(12) | amended by 50/1987 s 3 | 18.6.1987
| deleted by 52/2005 s 17(11) | 27.10.2005
s 19A | inserted by 52/2005 s 18 | 27.10.2005
Pt 3 Div 3 | |
s 20 | |
s 20(2a) | inserted by 50/1987 s 7(a) | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 20(4) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 20(5) | amended by 50/1987 s 7(b) | 18.6.1987
s 20(6) and (7) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 20(7a) and (7b) | inserted by 50/1987 s 7(c) | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 20(8) and (10) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 20(14) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 ss 19(1), 31(1), (2) | 27.10.2005
s 20(14a) and (14b) | inserted by 50/1987 s 7(d) | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 20(15) | amended by 52/2005 s 19(2)—(7) | 27.10.2005
s 20(17), (20) and (21) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 21 | |
s 21(3) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 21(4) | substituted by 50/1987 s 8 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 21(5) and (6) | deleted by 50/1987 s 8 | 18.6.1987
s 22 | |
s 22(2) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 ss 20, 31(1), (2) | 27.10.2005
s 23 | |
s 23(1) | amended by 50/1987 ss 3, 9 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 24 | |
s 24(1) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 24(2) | amended by 52/2005 s 21 | 27.10.2005
s 24(3) | amended by 50/1987 s 10 | 18.6.1987
Pt 3 Div 4 | |
s 26 | |
s 26(3) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 ss 22(1), 31(1), (2) | 27.10.2005
s 26(4) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 26(6) | amended by 52/2005 s 22(2) | 27.10.2005
s 27 | |
s 27(1) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 27(2) | amended by 52/2005 s 23 | 27.10.2005
s 27(4) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 28 | |
s 28(1), (4), (7) and (9) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 29 | |
s 29(2) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
Pt 3 Div 5 | |
s 30 | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 ss 24, 31(1), (2) | 27.10.2005
Pt 3 Div 6 | |
s 31 | |
s 31(1)—(3) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 32 | |
s 32(1), (2), (4)—(6) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
Pt 4 | |
s 35 before substitution by 52/2005 | |
s 35(2) | amended by 50/1987 s 3 | 18.6.1987
s 35 | substituted by 52/2005 s 25 | 27.10.2005
s 36 | |
s 36(1) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 26(1) | 27.10.2005
s 36(1a) and (1b) | inserted by 52/2005 s 26(3) | 27.10.2005
s 36(2) | amended by 52/2005 s 26(2) | 27.10.2005
s 36(3) | amended by 52/2005 s 26(2), (4) | 27.10.2005
s 36(4) | substituted by 52/2005 s 26(5) | 27.10.2005
s 36(5) | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 ss 26(2), (6), 31(1), (2) | 27.10.2005
s 36(6) | inserted by 52/2005 s 26(7) | 27.10.2005
s 37 | |
s 37(1) and (2) | substituted by 52/2005 s 27 | 27.10.2005
Pt 5 | |
s 39 | amended by 50/1987 s 3 | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 42A | inserted by 50/1987 s 11 | 18.6.1987
s 42B | inserted by 50/1987 s 11 | 18.6.1987
| substituted by 52/2005 s 28 | 27.10.2005
s 42C | inserted by 50/1987 s 11 | 18.6.1987
| expired: s 42C(11)—omitted under Legislation Revision and Publication Act 2002 |
s 42C | inserted by 52/2005 s 29 | 27.10.2005
s 42D | inserted by 50/1987 s 11 | 18.6.1987
| expired: proclamation (Gazette 18 June 1987 p 1542)—omitted under Legislation Revision and Publication Act 2002 | (18.6.1987)
s 43 | |
s 43(1) | amended by 50/1987 s 12(b) | 18.6.1987
| (c) and (d) deleted by 50/1987 s 12(a) | 18.6.1987
| (f) deleted by 50/1987 s 12(b) | 18.6.1987
s 43(2) | amended by 50/1987 ss 3, 12(c) | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 43(3) | inserted by 50/1987 s 12(d) | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 43(4) | inserted by 50/1987 s 12(d) | 18.6.1987
s 43(5) | inserted by 50/1987 s 12(d) | 18.6.1987
| amended by 52/2005 s 31(1), (2) | 27.10.2005
s 43(6)—(13) | inserted by 50/1987 s 12(d) | 18.6.1987
Sch 3 | inserted by 25/2004 s 9 | 16.8.2004
cl 1 | |
electorate | deleted by 52/2005 s 30(1) | 27.10.2005
cl 2 | substituted by 52/2005 s 30(2) | 27.10.2005
cl 3 | |
cl 3(3) | amended by 52/2005 s 30(3) | 27.10.2005
cl 4 | |
cl 4(1) | amended by 52/2005 s 30(4), (5) | 27.10.2005
cl 4(2) | amended by 52/2005 s 30(6) | 27.10.2005
cl 4(3) | inserted by 52/2005 s 30(7) | 27.10.2005
cl 5 | |
cl 5(2) | amended by 52/2005 s 30(8)—(10) | 27.10.2005
cl 6 | |
cl 6(1) | amended by 52/2005 s 30(11), (12) | 27.10.2005
cl 6(2) | amended by 52/2005 s 30(13) | 27.10.2005
cl 6(5) | amended by 52/2005 s 30(14) | 27.10.2005
cl 8 | |
cl 8(1) | amended by 52/2005 s 30(15), (16) | 27.10.2005
cl 8(2) | amended by 52/2005 s 30(17) | 27.10.2005
cl 8(4) | amended by 52/2005 s 30(18) | 27.10.2005
cl 8(5) | substituted by 52/2005 s 30(19) | 27.10.2005
cl 8(6) | inserted by 52/2005 s 30(19) | 27.10.2005
cl 17 | |
cl 17(3) | amended by 52/2005 s 30(20) | 27.10.2005
cl 20 | |
cl 20(2) | amended by 52/2005 s 30(21), (22) | 27.10.2005
cl 21 | |
cl 21(2)—(4) | amended by 52/2005 s 31(1), (2) | 27.10.2005
cl 24 | |
cl 24(1) and (2) | amended by 52/2005 s 30(23), (24) | 27.10.2005
cl 25 | |
cl 25(1)—(3) | amended by 52/2005 s 31(1), (2) | 27.10.2005
cl 28 | |
cl 28(1) | amended by 52/2005 s 31(1), (2) | 27.10.2005
cl 30 | amended by 52/2005 s 30(25) | 27.10.2005
cl 31 | inserted by 52/2005 s 30(26) | 27.10.2005
Transitional etc provisions associated with Act or amendments
Pitjantjatjara Land Rights (Executive Board) Amendment Act 2004, Sch 1—Transitional provisions
1	In this Schedule—
Anangu Pitjantjatjara means the body corporate of that name established under the principal Act;
Executive Board means the Executive Board of Anangu Pitjantjatjara established under the principal Act;
principal Act means the Pitjantjatjara Land Rights Act 1981.
2	Subject to clause 3, and despite a provision of the principal Act, or a relevant provision of the constitution of Anangu Pitjantjatjara, an election conducted in accordance with section 9 of the principal Act (as amended by this Act) at which the members and Chairperson of the Executive Board are elected must be conducted not later than 8 weeks after the date of commencement of this Act.
3	However, if the returning officer for the election determines that it would be impracticable or culturally inappropriate to conduct the election within the period referred to in clause 2, the election may be conducted after the end of that period (but should be held as soon as is practicable and culturally appropriate).
4	Despite a provision of the principal Act, or a relevant provision of the constitution of Anangu Pitjantjatjara, the term of office of a member of the Executive Board elected on 7 November 2002 will be taken to be the period from 7 November 2002 until the election referred to in clause 2 (and the member is, subject to the constitution, eligible for re-election).
5	An act or decision of the Executive Board that would have been valid if done or made after the commencement of clause 4 will be taken to be valid for all purposes.
Pitjantjatjara Land Rights (Miscellaneous) Amendment Act 2005
32—Review of Act by Minister
	(1)	The Minister responsible for the administration of the Pitjantjatjara Land Rights Act 1981 (the Minister) must cause an independent review of the operation of the amendments effected by this Act to be conducted and a report on the results of the review to be submitted to him or her.
	(2)	The review must be conducted by a panel of 3 persons of whom—
	(a)	1 must be an Anangu nominated by the Executive Board of Anangu Pitjantjatjara Yankunytjatjara; and
	(b)	2 must be persons selected by the Minister with the agreement of the Executive Board of Anangu Pitjantjatjara Yankunytjatjara.
	(3)	The Minister must ensure that, as part of the review, reasonable steps are taken to seek submissions from Anangu Pitjantjatjara Yankunytjatjara, the Executive Board of Anangu Pitjantjatjara Yankunytjatjara and the Aboriginal Lands Parliamentary Standing Committee.
	(4)	The review and the report must be completed before the third anniversary of the commencement of section 1.
	(5)	The Minister must cause a copy of the report submitted under subsection (1) to be laid before both Houses of Parliament within 6 sitting days after receiving the report.
	(6)	In this section—
Anangu has the same meaning as in the Pitjantjatjara Land Rights Act 1981.
Pitjantjatjara Land Rights (Miscellaneous) Amendment Act 2005, Sch 1—Transitional provisions
1	The person holding the position of Director of Administration, however referred to, immediately before the commencement of section 14, will be taken, on commencement of that section, to have been appointed as the Director of Administration under the Pitjantjatjara Land Rights Act 1981 as amended by this Act.
2	The person holding the position of General Manager, however referred to, immediately before the commencement of section 14, will be taken, on commencement of that section, to have been appointed as the General Manager under the Pitjantjatjara Land Rights Act 1981 as amended by this Act.
Historical versions
Reprint No 1—15.11.1991 |
16.8.2004 |

[27.3.2018] This version is not published under the Legislation Revision and Publication Act 2002

This version is not published under the Legislation Revision and Publication Act 2002 [27.3.2018]