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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Aboriginal Intestate Estates Legislation Amendment Bill 2012 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Aboriginal Affairs Planning Authority Act 1972 amended 3. Act amended 3 4. Part IV heading amended 3 5. Sections 33, 34 and 35 deleted 3 6. Section 36 amended 3 7. Section 37 amended 3 8. Part VII inserted 4 Part VII -- Savings and transitional provisions Division 1 -- Savings provisions arising from the enactment of the Aboriginal Intestate Estates Legislation Amendment Act 2012 52. Terms used 4 53. Estates of persons who died before commencement day not affected 4 Part 3 -- Administration Act 1903 amended 9. Act amended 5 10. Section 3 amended 5 11. Section 4A inserted 5 4A. Relatives of Aboriginal persons under customary law 5 290--1 page i Aboriginal Intestate Estates Legislation Amendment Bill 2012 Contents Part 4 -- Unclaimed Money Act 1990 amended 12. Act amended 6 13. Section 9 amended 6 Part 5 -- Aboriginal Affairs Planning Authority Act Regulations 1972 amended 14. Regulations amended 7 15. Regulation 9 deleted 7 16. Schedule amended 7 17. Power to amend or repeal Aboriginal Affairs Planning Authority Act Regulations 1972 unaffected 7 page ii Western Australia LEGISLATIVE ASSEMBLY (Introduced by Mr Ben Wyatt MLA) Aboriginal Intestate Estates Legislation Amendment Bill 2012 A Bill for An Act to amend the Aboriginal Affairs Planning Authority Act 1972, the Administration Act 1903, the Unclaimed Money Act 1990 and the Aboriginal Affairs Planning Authority Act Regulations 1972. The Parliament of Western Australia enacts as follows: page 1 Aboriginal Intestate Estates Legislation Amendment Bill 2012 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Aboriginal Intestate Estates Legislation Amendment 4 Act 2012. 5 2. Commencement 6 This Act comes into operation as follows -- 7 (a) Part 1 -- on the day on which this Act receives the 8 Royal Assent; 9 (b) the rest of the Act -- on the day after that day. page 2 Aboriginal Intestate Estates Legislation Amendment Bill 2012 Aboriginal Affairs Planning Authority Act 1972 amended Part 2 s. 3 1 Part 2 -- Aboriginal Affairs Planning Authority 2 Act 1972 amended 3 3. Act amended 4 This Part amends the Aboriginal Affairs Planning Authority 5 Act 1972. 6 4. Part IV heading amended 7 In the heading to Part IV delete "Estates and" and insert: 8 9 Undelivered 10 11 5. Sections 33, 34 and 35 deleted 12 Delete sections 33, 34 and 35. 13 6. Section 36 amended 14 In section 36(1) after "will" insert: 15 16 or the administrator of the estate 17 18 Note: The heading to amended section 36 is to read: 19 Certain property of deceased or missing Aboriginal persons to be 20 given to executor, administrator or Public Trustee 21 7. Section 37 amended 22 In section 37 delete "this Part," and insert: 23 24 any law, 25 page 3 Aboriginal Intestate Estates Legislation Amendment Bill 2012 Part 2 Aboriginal Affairs Planning Authority Act 1972 amended s. 8 1 8. Part VII inserted 2 After section 51 insert: 3 4 Part VII -- Savings and transitional provisions 5 Division 1 -- Savings provisions arising from the 6 enactment of the Aboriginal Intestate Estates Legislation 7 Amendment Act 2012 8 52. Terms used 9 In this Division -- 10 commencement day means the day after the day on 11 which the Aboriginal Intestate Estates Legislation 12 Amendment Act 2012 receives the Royal Assent; 13 the amendments means the amendments made to this 14 Act and the Aboriginal Affairs Planning Authority Act 15 Regulations 1972 by the Aboriginal Intestate Estates 16 Legislation Amendment Act 2012. 17 53. Estates of persons who died before commencement 18 day not affected 19 The estate of a person who died before commencement 20 day must be distributed or otherwise dealt with as if the 21 amendments had not been made. 22 page 4 Aboriginal Intestate Estates Legislation Amendment Bill 2012 Administration Act 1903 amended Part 3 s. 9 1 Part 3 -- Administration Act 1903 amended 2 9. Act amended 3 This Part amends the Administration Act 1903. 4 10. Section 3 amended 5 In section 3 insert in alphabetical order: 6 7 Aboriginal person means a person of Aboriginal 8 descent, as defined in the Aboriginal Affairs Planning 9 Authority Act 1972 section 4; 10 11 11. Section 4A inserted 12 At the end of Part I insert: 13 14 4A. Relatives of Aboriginal persons under customary 15 law 16 (1) For the purposes of this Act, a reference to a person's 17 husband, wife, child or any other relative includes, in 18 the case of an Aboriginal person, a person regarded 19 under the customary law or tradition of the person's 20 community as the equivalent of that relative. 21 (2) Subsection (1) applies in relation to the intestate estate 22 of an Aboriginal person who dies on or after, but not 23 before, commencement day. 24 (3) In subsection (2) -- 25 commencement day means the day after the day on 26 which the Aboriginal Intestate Estates Legislation 27 Amendment Act 2012 receives the Royal Assent. 28 page 5 Aboriginal Intestate Estates Legislation Amendment Bill 2012 Part 4 Unclaimed Money Act 1990 amended s. 12 1 Part 4 -- Unclaimed Money Act 1990 amended 2 12. Act amended 3 This Part amends the Unclaimed Money Act 1990. 4 13. Section 9 amended 5 (1) In section 9(1) delete paragraph (a) and insert: 6 7 (a) becomes money that may, if the Aboriginal 8 Affairs Planning Authority so agrees, be vested 9 in the Authority by force of the Aboriginal 10 Affairs Planning Authority Act 1972 section 37 11 but has not so vested at the end of the 3 year 12 period commencing at the time the money 13 could have so vested under that section; or 14 15 (2) In section 9(1) after each of paragraphs (b) to (ja) insert: 16 17 or 18 page 6 Aboriginal Intestate Estates Legislation Amendment Bill 2012 Aboriginal Affairs Planning Authority Act Regulations 1972 Part 5 amended s. 14 1 Part 5 -- Aboriginal Affairs Planning Authority Act 2 Regulations 1972 amended 3 14. Regulations amended 4 This Part amends the Aboriginal Affairs Planning Authority Act 5 Regulations 1972. 6 15. Regulation 9 deleted 7 Delete regulation 9. 8 16. Schedule amended 9 In the Schedule delete Form 3. 10 17. Power to amend or repeal Aboriginal Affairs Planning 11 Authority Act Regulations 1972 unaffected 12 The amendment of the Aboriginal Affairs Planning Authority 13 Act Regulations 1972 by this Part does not prevent those 14 regulations from being amended or repealed by subsequent 15 regulations.
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