Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
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.
[Index] [Search] [Download] [Related Items] [Help]