Information about the Aboriginal Lands Act 1970

Governments regularly review and update laws to ensure they are effective. Since its introduction in 1970, the Act had only undergone minor changes.

A comprehensive review was conducted in 2018.

Two independent reviewers were appointed to carry out the review. They:

• consulted with Trust communities, including shareholders and residents
• gathered feedback on how the Act was working and the future of the Trusts
• published a final report in September 2021, which made 42 recommendations to improve the Act.

In 2023, the Victorian Government committed to implementing the recommendations in two phases

Phase one

Phase one focused on updates to improve how the Act functions. These changes were made through the Aboriginal Land Legislation Amendment Act 2024, which came into effect on 28 May 2025.

Key updates included:

• improving share transfers to make the process clearer
• strengthening governance rules
• to support better decision making
• updating outdated language to reflect modern terminology.

Phase two and future work

The government will continue engaging with Trust communities to develop the next set of changes.

This phase will run for approximately 12 months, until March 2026.

There will be more opportunities for Trust communities to discuss how the Act can be improved in the future.

Land titles are official documents or arrangements that define who owns an area of land.

Trust land is held in a freehold land title. Freehold title is the most complete form of land ownership and is not time limited. The word ‘freehold’ means that the Trust has control over the way the land is used.

‘Alienable’ means that the Trust can transfer ownership of the land to another person (if voted by all shareholders at a meeting).

Someone who is authorised by law to witness statutory declarations.

Common authorised witnesses include:

• justice of the peace
• police officer
• doctor
• pharmacist
• nurse.

A copy (often a photocopy) of an original document that has been verified as being a true copy of an original document. Documents that often need a certified copy include:

• birth certificate
• driver’s licence
• passport.

This is done by a person who is authorised to certify copies of original documents.

For more information on certified copies and who is authorised to certify documents, you can visit Department of Justice and Community Safety.

A person who lives on the Trust land but does not own shares.

Non-shareholding residents can attend meetings of the Trust and be a member of the Committee of Management but are not allowed to vote in Trust meetings.

A written notification about a Trust meeting. The Trust must send this notice to all shareholders at least 14 days before the meeting and must include:

• the time, date and location of the meeting
• agenda items that will be discussed at the meeting
• a list of all members who are listed in the share register on the date that the meeting is called.

The minimum number of shareholders required at a general meeting to make a decision. To achieve quorum at both a general meeting and annual general meeting, 50% of resident shareholders (from the day the meeting was called) need to attend the meeting.

Quorum ensures that most shareholders are involved in the decisions made by the Trust.

A descendant who is more than one generation away from the person. This could be grandchildren or other descendants. The word ‘issue’ in this context means children, and ‘remoter issue’ refers to the direct lineal descendants of a person other than their children, such as grandchildren or great-grandchildren.

A person who has lived on Trust land for at least the last 3 months. If they have temporarily left, the Act requires a person to have a permanent home on Trust land and intend to return.

A person who lives on Trust land and owns shares in the Trust.

A person who holds shares in the Trust, giving them certain rights and responsibilities. Original shareholders refer to:

• for Lake Tyers Aboriginal Trust, persons who were residents on the reserve between 1 January 1968 and 30 September 1970 with the approval of the Lake Tyers Aboriginal Council.
• for Framlingham Aboriginal Trust, persons who were residents on the reserve on 1 January 1968.

Shareholders can vote in Trust meetings.

The Minister is responsible for administering the Act.

The register of people that hold shares in the Trust, which shows the name, address and the number of shares held by each member of the Trust. Each Trust has its own share register

A written notice about a proposed resolution to be discussed at a Trust general meeting. A special notice will be sent to all shareholders (other than infants).

It must be sent to all shareholders at least 14 days prior to the meeting and must include:

• the time, date and location of the meeting
• agenda items that will be discussed at the meeting
• a list of all members who are listed in the share register on the date that the meeting is called.

A statutory declaration is a written statement you sign in front of an authorised witness.

By signing, you confirm the information is true. If the information is false, you could face criminal charges.

More information about statutory declarations can be found online on Department of Justice and Community Safety.

A decision made at a Trust’s general meeting where all the shareholders who attended the meeting voted and agreed on the resolution.

A special notice of the proposed resolution must be given first for a decision requiring a unanimous resolution.

• completed Instrument of Transfer form
• certified copy of identity document for person transferring the shares
• certified copy of identity document for person receiving the shares
• statutory declaration by the person transferring the shares
• statutory declaration by the person receiving the shares

• Australian driver licence or learner permit
• Australian Passport
• health care card, pensioner concession card, or seniors’ health card
• proof of age card
• photo identification card issued by a tertiary institution
• working with children check card
• Australian citizenship certificate
• medicare card
• veteran card.

• the number of shares being sold or transferred
• if the shares are being transferred to a family member, the relationship between the person transferring the shares and the person receiving the shares
• if the shares are being sold, that the sale is in accordance with section 14 of the Act
• if the shares are being transferred without being sold, that the transfer is not a sale or exchange for money or goods
• that the sale or transfer is being made in accordance with the Act and the Aboriginal Lands Regulations 2025.

All shareholder records are kept on a share register. A share register is a record of all shares issued, who owns them, and how many each shareholder owns.

Each Trust has a share register, which records:

• the name and address of each shareholder
• the number of shares each shareholder holds.

The Committee of Management is responsible for keeping the share register up to date. They are responsible for notifying all shareholders when the share register is updated. This ensures transparent and updated records are kept.

When the register is updated, the Trust must notify shareholders within 28 days by either:

• sending a written notice to all shareholders, or
• publishing a written notice in a place accessible to shareholders (e.g., community noticeboard, newsletter, or online portal).

The notice must include information on:

• the name and signature of the person transferring the shares
• the name, signature, and address of the person receiving the shares
• the number of shares transferred
• the date of the transfer.

The Committee of Management must provide a copy of the share register for inspection to the Minister for Treaty and First Peoples (Minister) or shareholders if requested.

A copy of the share register must be provided within 14 days of receiving a written request.

The Secretary of the Trust must send a written notice to all shareholders at least 14 days before the meeting. The notice must include:

• date, time, and location of the meeting
• agenda items to be discussed
• list of shareholders from the share register on the date the meeting is called.

At least 14 days before the AGM, the Trust must send the following financial reports to all shareholders:

1. Audited balance-sheet
2. Audited profit and loss account
3. State of affairs report from the Committee of Management
4. Auditor’s report on the balance-sheet, profit and loss account and the state of affairs report

The Trust must send copies of the following reports to the Minister for Treaty and First Peoples (Minister) within 14 days after the AGM:

• audited balance-sheet
• audited profit and loss account
• state of affairs report
• auditor’s report on the balance-sheet, profit and loss account and the state of affairs report
• share register (as of the AGM date).

• at least one general meeting must be held each year (separate from the AGM)
• the Secretary of the Trust must send a written notice to all shareholders at least 14 days before the meeting.

The notice must include:

• date, time, and location of the meeting
• agenda items to be discussed
• list of shareholders from the share register on the date the meeting is called.

The Trust keeps records (or minutes) of decisions at general meetings, however unlike AGMs, there are no additional reporting requirements.

• AGMs must be held every year, within six months after the end of the financial year (by 31 December).
• At least one general meeting must also be held each year, but not within two months before or after the AGM.

• Only shareholders can vote at AGMs and general meetings.
• Shareholders must be present in person to vote.

Quorum is the minimum number of shareholders required for a meeting to proceed.

• 50% of resident shareholders (as of the date the meeting was called) must attend
• If quorum is not met, the Chairperson must reschedule the meeting within 2 to 6 weeks.

A quorum is important, as it ensures that shareholders are involved in the decisions made by the Committee.

Minutes must be kept for all AGMs and general meetings to ensure there is a written record of decisions made.

Meeting minutes can be requested by shareholders or the Minister and must be provided within 14 days.

There may be times the Trust needs to request an exemption or extension for holding meetings from the Minister.

The Minister can grant the request, extend the deadline, or refuse a request if an exemption has been granted within the same or previous year.

The Minister is required to:

• keep important records of the Trust (details of members of the Committee of Management, most recent financial reports, the Trust’s strategic plan, and any unanimous resolution of the Trust)
• ensure that the operation of the Act is reviewed every 5 years
• table the review report before each House of the Parliament within 12 months of the end of each 5-year review period

The Minister has discretionary powers to:

• issue compliance notices
• put the Trust into administration
• grant or deny exemption or extension requests from the Trust
• approve the Trust’s strategic plans.

The Minister also has the power to appoint an independent auditor to investigate a Trust’s management and determine if there have been breaches of the Act or any laws, or if there are grounds to appoint an administrator. If the Minister believes that the Trust is not complying with the Act, the Minister can appoint an Administrator to replace the Committee of Management for a certain time.

On behalf of the Minister, DPC keeps records for each Trust, including:

• Committee of Management details, including:
  • name, job and address of Chairperson, Secretary and other members
  • office address of the Trust.
• most recent financial documents, including:
  • an audited balance-sheet
  • an audited profit and loss account
  • state of affairs report from the Committee of Management
  • auditor’s report on the state of affairs report
• Strategic plan
• a copy of any unanimous resolution by the Trust.

These records must be available for inspection during normal business hours. Anyone can request to see them.

DPC acts under direction of the Minister. The DPC Secretary also has the discretionary power to approve rules of a board if a board has been appointed to act as Administrator of the Trust

The Committee of Management, on behalf of the Trust, is required to:

• maintain the share register
• inform shareholders in writing when the share register is updated within 28 days of changes being made
• provide the share register to shareholders for inspection within 14 days of receiving a written request
• hold 2 general meetings per year (1 AGM and 1 additional general meeting)
• present financial documents at the AGM
• ensure there is an auditor appointed
• provide documents as required to the Minister
• ensure accounts and records are kept up to date.

The Trust can apply to the Minister for an exemption or extra time to meet certain legal requirements under the Act. This includes:

• holding an AGM or general meeting
• quorum requirements
• presenting documents at the AGM
• preparing or submitting a draft strategic plan
• providing the Minister with specific documents
• giving the Minister any required information.

Applications for an exemption must be in writing. The Minister has full discretion to grant or deny the request. If approved, the exemption or extended period can be up to 12 months only.

Shareholders are required to:

• submit an Instrument of Transfer form and the certified relevant documents to the Committee if wanting to update the share register.

Shareholders have a right to:

• attend meetings at the Trust and vote on issues
• elect the Trust’s Committee of Management
• inspect the share register. This should be made available within 14 days of the Trust receiving a written request
• be informed about any changes to the share register within 28 days of changes being made
• be informed about a general meeting or AGM at least 14 days prior to it occurring
• request and receive a certificate from the Trust that shows the number of shares that they hold.

You can raise an issue with the Trusts’ Committee of Management, or with the Minister.

If still unhappy, you can seek independent legal advice and take legal action.

If a shareholder is unhappy with the Trust’s actions, they can apply to the Supreme Court of Victoria.

The Court can:

• regulate the Trust’s affairs
• order the purchase of shares.

An aggrieved person is someone who is negatively impacted by the Trust’s actions or failures due to breaches of the Act. It does not have to be a shareholder.

An aggrieved person can also apply to the Court for relief.

The Court can:

• order remedies to address injustice
• order that actions be taken.

This allows shareholders and any impacted people to challenge the Trust’s decisions in a legal way.