Aboriginal Representative Body means the entity that is declared to be the Aboriginal Representative Body under section 11 of the Treaty Act or section 18 of the Treaty Act. At the date of this Agreement, the Aboriginal Representative Body is the First Peoples’ Assembly of Victoria Limited (ABN 51 636 189 412).
Advisory and Investment Committee means any such committee established by the Trustee under the Company Constitution.
Agreement means this agreement made between the Parties dated 20 October 2022.
Assets means the funds provided by the State under clause 7 and other property, rights and income, held by the Trustee on trust for the statutory purposes specified in section 36 of the Treaty Act.
Company Constitution means the company constitution of the company appointed as Trustee.
Directions to Trustee means the directions given by the Aboriginal Representative Body to the Trustee under the Trust Deed from time to time.
Dispute Resolution Process means the dispute resolution process established by agreement between the Parties under Part 7 of the Treaty Act.
Endorsed as a Charity means registered as a charity by the Australian Charities and Not-for-profits Commission and endorsed for income tax exemption by the Commissioner of Taxation.
First Peoples means:
- a. Traditional Owners of Country in Victoria; and
- b. Aboriginal and Torres Strait Islander persons who are living in the place now known as Victoria.
First Peoples’ Representative Body has the meaning given to that term under the Framework.
First Peoples’ Treaty Delegations has the meaning given to that term under the Framework.
Framework means the Treaty Negotiation Framework established by agreement between the Parties under section 30 of the Treaty Act.
Governing Documents means the Trust Deed, the Company Constitution and any Directions to Trustee.
Minimum Standards has the meaning given to that term under the Framework.
Minister means the Minister of the Crown responsible for administering the Treaty Act including a Minister of the Crown for the time being acting for or on behalf of that Minister.
Negotiations Database has the meaning given to that term under the Framework.
Parties means the parties to this Agreement, being the Aboriginal Representative Body and the State of Victoria.
Principles means the principles in clause 1.3 of this Agreement.
Self-Determination Fund means the self-determination fund established by agreement under section 35 of the Treaty Act, that takes the form of a public charitable trust to hold the Assets in accordance with the Trust Deed.
Statewide Treaty has the meaning given to that term under the Framework.
Traditional Owner has the meaning given to that term under the Framework.
Traditional Owner Group has the meaning given to that term under the Framework.
Traditional Owner Treaty has the meaning given to that term under the Framework.
Treaty has the meaning given to that term under the Framework.
Treaty Act means the Advancing the Treaty Process with Aboriginal Victorians Act 2018 (Vic).
Treaty Process means Treaty negotiations under the Framework and, for the avoidance of doubt, includes the process for entry into negotiations, the negotiations themselves and the formalisation of, enforcement of, and reporting on Treaties.
Trust Deed means the trust deed executed by the Trustee to establish the public charitable trust that holds the Assets on trust.
Trustee means the trustee appointed by the Aboriginal Representative Body to hold the Assets on trust under the Trust Deed and the Company Constitution.
Reviewed 27 October 2022