Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 110 of 1993 as amended
This compilation was prepared on 29 February 2012
taking into account amendments up to Act No. 58 of 2011
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that
have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and
Publishing,
Attorney-General's Department, Canberra
Contents
Part 1--Preliminary 4
1............ Short title [see Note 1] ........................................................................ 4
2............ Commencement [see Note 1] .............................................................. 4
3............ Objects ................................................................................................ 4
4............ Overview of Act ................................................................................. 5
5............ Act binds Crown ................................................................................. 6
6............ Application to external Territories, coastal sea and other waters ......... 7
7............ Racial Discrimination Act ................................................................... 7
8............ Effect of this Act on State or Territory laws ........................................ 7
8A......... Application of the Criminal Code ....................................................... 7
9............ Definitions located in Part 15 .............................................................. 8
Part 2--Native Title 9
Division 1--Recognition and protection of native title 9
10.......... Recognition and protection of native title ............................................ 9
11.......... Extinguishment of native title .............................................................. 9
13.......... Approved determinations of native title ............................................... 9
Division 2--Validation of past acts 12
Subdivision AA--Overview of Division 12
13A....... Overview of Division ....................................................................... 12
Subdivision A--Acts attributable to the Commonwealth 12
14.......... Validation of Commonwealth acts .................................................... 12
15.......... Effect of validation on native title ...................................................... 13
16.......... Preservation of beneficial reservations and conditions ...................... 13
17.......... Entitlement to compensation .............................................................. 14
18.......... Where just terms invalidity ............................................................... 15
Subdivision B--Acts attributable to a State or Territory 15
19.......... State/Territory acts may be validated ................................................. 15
20.......... Entitlement to compensation .............................................................. 15
Division 2A--Validation of intermediate period acts etc. 17
Subdivision A--Overview of Division 17
21.......... Overview of Division ....................................................................... 17
Subdivision B--Acts attributable to the Commonwealth 17
22A....... Validation of Commonwealth acts .................................................... 17
22B....... Effect of validation on native title ...................................................... 18
22C....... Preservation of beneficial reservations and conditions ...................... 18
22D....... Entitlement to compensation .............................................................. 19
22E........ Where "just terms" invalidity ............................................................ 19
22EA..... Requirement to notify: mining rights ................................................. 19
Subdivision C--Acts attributable to a State or Territory 20
22F........ State/Territory acts may be validated ................................................. 20
22G....... Entitlement to compensation .............................................................. 20
22H....... Requirement to notify: mining rights ................................................. 21
Division 2AA--Validation of transfers under New South Wales land rights legislation 23
22I......... Overview of Division ....................................................................... 23
22J........ Validation of transfers ....................................................................... 23
22K....... Effect of validation on native title ...................................................... 23
22L........ Entitlement to compensation .............................................................. 23
Division 2B--Confirmation of past extinguishment of native title by certain valid or validated acts 25
23A....... Overview of Division ....................................................................... 25
23B....... Previous exclusive possession act ..................................................... 25
23C....... Confirmation of extinguishment of native title by previous exclusive possession acts of Commonwealth 28
23D....... Preservation of beneficial reservations and conditions ...................... 29
23DA.... Confirmation of validity of use of certain land held by Crown etc. ... 29
23E........ Confirmation of extinguishment of native title by previous exclusive possession acts of State or Territory 29
23F........ Previous non-exclusive possession act ............................................. 29
23G....... Confirmation of partial extinguishment of native title by previous non-exclusive possession acts of Commonwealth .......................................................................................................... 30
23H....... Preservation of beneficial reservations and conditions ...................... 31
23HA.... Notification ....................................................................................... 32
23I......... Confirmation of partial extinguishment of native title by previous non-exclusive possession acts of State or Territory .......................................................................................................... 32
23J........ Compensation ................................................................................... 32
23JA..... Attribution of certain acts .................................................................. 33
Division 3--Future acts etc. and native title 34
Subdivision A--Preliminary 34
24AA.... Overview .......................................................................................... 34
24AB.... Order of application of provisions .................................................... 36
24AC.... Regulations about notification ........................................................... 36
Subdivision B--Indigenous land use agreements (body corporate agreements) 37
24BA.... Indigenous land use agreements (body corporate agreements) .......... 37
24BB..... Coverage of body corporate agreements ........................................... 37
24BC..... Body corporate agreements only where bodies corporate for whole area 38
24BD.... Parties to body corporate agreements ................................................ 38
24BE..... Consideration and conditions ............................................................ 39
24BF..... Assistance to make body corporate agreements ................................ 39
24BG.... Application for registration of body corporate agreements ................ 39
24BH.... Notice of body corporate agreements ................................................ 40
24BI...... Registration of body corporate agreements ....................................... 41
Subdivision C--Indigenous land use agreements (area agreements) 42
24CA.... Indigenous land use agreements (area agreements) ........................... 42
24CB..... Coverage of area agreements ............................................................. 42
24CC..... Requirement that no bodies corporate for whole of area ................... 43
24CD.... Parties to area agreements ................................................................. 43
24CE..... Consideration and conditions ............................................................ 45
24CF..... Assistance to make area agreements .................................................. 45
24CG.... Application for registration of area agreements ................................. 46
24CH.... Notice of area agreements etc. ........................................................... 47
24CI...... Objections against registration .......................................................... 49
24CJ...... Decision about registration ................................................................ 49
24CK..... Registration of area agreements certified by representative bodies .... 50
24CL..... Registration of area agreements not certified by representative Aboriginal/Torres Strait Islander bodies 51
Subdivision D--Indigenous land use agreements (alternative procedure agreements) 52
24DA.... Indigenous land use agreements (alternative procedure agreements) . 52
24DB.... Coverage of alternative procedure agreements .................................. 53
24DC.... No extinguishment of native title ....................................................... 53
24DD.... Bodies corporate and representative bodies etc. ................................ 54
24DE..... Parties to alternative procedure agreements ....................................... 54
24DF..... Consideration and conditions ............................................................ 55
24DG.... Assistance to make alternative procedure agreements ....................... 55
24DH.... Application for registration of alternative procedure agreements ....... 56
24DI...... Notice of alternative procedure agreements ....................................... 56
24DJ..... Objections against registration .......................................................... 58
24DK.... Decision about registration ................................................................ 58
24DL..... Registration of alternative procedure agreements .............................. 58
24DM... Other registration procedures and conditions .................................... 59
Subdivision E--Effect of registration of indigenous land use agreements 59
24EA..... Contractual effect of registered agreement ......................................... 59
24EB..... Effect of registration on proposed acts covered by indigenous land use agreements 60
24EBA.. Effect of registration on previous acts covered by indigenous land use agreements 63
24EC..... Agreements unrelated to future acts .................................................. 64
Subdivision F--Future acts: if procedures indicate absence of native title 65
24FA..... Consequences if section 24FA protection applies ............................. 65
24FB..... When section 24FA protection arises--government applications ..... 65
24FC..... When section 24FA protection arises--non-government applications 66
24FD..... When section 24FA protection arises--entry on National Native Title Register 67
24FE..... Relevant native title claim .................................................................. 67
Subdivision G--Future acts and primary production 68
24GA.... Primary production activity ............................................................... 68
24GB.... Acts permitting primary production on non-exclusive agricultural and pastoral leases 68
24GC.... Primary production etc. activities on non-exclusive agricultural or pastoral leases 71
24GD.... Acts permitting off-farm activities that are directly connected to primary production activities 72
24GE..... Granting rights to third parties etc. on non-exclusive agricultural or pastoral leases 74
Subdivision H--Management of water and airspace 76
24HA.... Management or regulation of water and airspace .............................. 76
Subdivision I--Renewals and extensions etc. 77
24IA...... Future acts to which this section applies ........................................... 77
24IB...... Pre-existing right-based acts ............................................................. 77
24IC...... Future acts that are permissible lease etc. renewals ........................... 78
24ID...... Effect of Subdivision applying to an act ............................................ 80
Subdivision JA--Public housing etc. 82
24JAA.. Public housing etc. ............................................................................ 82
Subdivision J--Reservations, leases etc. 87
24JA..... Acts covered by this Subdivision ...................................................... 87
24JB...... Treatment of acts covered by section 24JA ....................................... 88
Subdivision K--Facilities for services to the public 90
24KA.... Facilities for services to the public .................................................... 90
Subdivision L--Low impact future acts 94
24LA..... Low impact future acts ...................................................................... 94
Subdivision M--Acts passing the freehold test 95
24MA... Legislative acts .................................................................................. 95
24MB.... Non-legislative acts ........................................................................... 95
24MC.... Only onshore places covered ............................................................ 96
24MD... Treatment of acts that pass the freehold test ...................................... 97
Subdivision N--Acts affecting offshore places 103
24NA.... Acts affecting offshore places ......................................................... 103
Subdivision O--Future acts invalid unless otherwise provided 106
24OA.... Future acts invalid unless otherwise provided ................................. 106
Subdivision P--Right to negotiate 106
25.......... Overview of Subdivision ................................................................ 106
26.......... When Subdivision applies ............................................................... 107
26A....... Approved exploration etc. acts ........................................................ 109
26B....... Approved gold or tin mining acts .................................................... 112
26C....... Excluded opal or gem mining .......................................................... 115
26D....... Excluded mining acts: earlier valid acts ........................................... 117
27.......... Arbitral body ................................................................................... 119
27A....... Relevant Minister ............................................................................ 119
27B....... Conditions under agreements or determinations etc. ....................... 120
28.......... Act invalid if done before negotiation or objection/appeal etc. ........ 120
29.......... Notification of parties affected ........................................................ 121
30.......... Other native title parties etc. ............................................................ 124
30A....... Negotiation parties .......................................................................... 125
31.......... Normal negotiation procedure ......................................................... 125
32.......... Expedited procedure ........................................................................ 126
33.......... Negotiations to include certain things .............................................. 127
34.......... No agreement if determination ........................................................ 128
35.......... Application for arbitral body determination ..................................... 128
36.......... Arbitral body determination to be made as soon as practicable ....... 129
36A....... Ministerial determination if arbitral body determination delayed ..... 130
36B....... Consultation prior to section 36A determination ............................. 131
36C....... Section 36A determinations ............................................................ 133
37.......... No arbitral body determination if agreement or Ministerial determination 135
38.......... Kinds of arbitral body determinations ............................................. 135
39.......... Criteria for making arbitral body determinations ............................. 136
40.......... No re-opening of issues previously decided ................................... 138
41.......... Effect of determination or agreement ............................................... 138
41A....... Copies of agreements and determinations ....................................... 139
42.......... Overruling of determinations .......................................................... 140
42A....... Project acts--modified application of Subdivision .......................... 142
43.......... Modification of Subdivision if satisfactory alternative State or Territory provisions 142
43A....... Exception to right to negotiate: satisfactory State/Territory provisions 145
43B....... Mining rights covering both alternative provision area and other area 151
44.......... Additional operation of Subdivision ............................................... 151
Subdivision Q--Conferral of access rights on native title claimants in respect of non-exclusive agricultural and pastoral leases 151
44A....... Conditions for Subdivision to apply ............................................... 151
44B....... Rights of access for traditional activities ......................................... 152
44C....... Suspension of native title rights ...................................................... 154
44D....... Certain other laws not affected ........................................................ 154
44E........ Federal Court jurisdiction ................................................................ 155
44F........ Request for mediation ..................................................................... 155
44G....... Other mediation, arbitration and agreements not excluded by Subdivision 155
Division 4--Other provisions relating to native title 157
44H....... Rights conferred by valid leases etc. ............................................... 157
45.......... RDA compensation to be determined under this Act ...................... 157
46.......... Effect of grant of leases and licences validated by McArthur River legislation 158
47.......... Pastoral leases held by native title claimants .................................... 158
47A....... Reserves etc. covered by claimant applications ............................... 159
47B....... Vacant Crown land covered by claimant applications ..................... 161
Division 5--Determination of compensation for acts affecting native title etc. 163
48.......... Compensation payable in accordance with Division ....................... 163
49.......... No multiple compensation for essentially same act ......................... 163
50.......... Bodies that may determine compensation ........................................ 163
51.......... Criteria for determining compensation ............................................ 164
51A....... Limit on compensation .................................................................... 166
52.......... Bank guarantee required under right to negotiate procedures ......... 166
52A....... Payment held in trust under right to negotiate procedures .............. 172
53.......... Just terms compensation ................................................................. 174
54.......... Commonwealth compensation payable from CRF .......................... 175
Division 6--Native title functions of prescribed bodies corporate and holding of native title in trust 176
55.......... Determinations by Federal Court .................................................... 176
56.......... Determination whether native title to be held in trust ....................... 176
57.......... Determination of prescribed body corporate etc. ............................. 179
58.......... Functions under regulations ............................................................ 180
59.......... Kinds of prescribed bodies corporate may be determined ............... 181
59A....... Prescribed bodies corporate for subsequent determinations of native title 181
60.......... Replacement of agent prescribed bodies corporate .......................... 181
60AA.... Body corporate for Meriam people ................................................. 182
Division 7--Financial matters 184
60AB.... Fees for services provided by registered native title bodies corporate in performing certain functions 184
60AC.... Opinion of the Registrar of Aboriginal and Torres Strait Islander Corporations 185
Part 3--Applications 187
Division 1AA--Overview of Part 187
60A....... Overview of Part ............................................................................. 187
Division 1--Applications to the Federal Court: native title and compensation 188
61.......... Native title and compensation applications ...................................... 188
61A....... Restrictions on making of certain applications ................................ 190
62.......... Information etc. in relation to certain applications ........................... 192
62A....... Power of applicants where application authorised by group ........... 194
63.......... Reference of applications to Native Title Registrar .......................... 195
64.......... Amendment of applications ............................................................. 195
66.......... Notice of application ....................................................................... 196
66A....... Notice of amended application ........................................................ 200
66B....... Replacing the applicant .................................................................... 202
66C....... Registrar's role in relation to certain applications relating to future acts 203
67.......... Overlapping native title determination applications ......................... 204
68.......... Only one determination of native title per area ................................ 204
Division 1A--Other applications to the Federal Court 206
69.......... Applications that may be made ........................................................ 206
70.......... Federal Court Rules about applications etc. ..................................... 206
Division 2--Applications to the National Native Title Tribunal: right to negotiate 208
75.......... Right to negotiate applications ......................................................... 208
76.......... Material and fees to accompany applications ................................... 208
77.......... Action to be taken in relation to applications ................................... 208
Division 2A--Applications to the Native Title Registrar: objections against registration of indigenous land use agreements 209
77A....... Material and fees to accompany applications ................................... 209
77B....... Action to be taken in relation to applications ................................... 209
Division 3--Miscellaneous 210
78.......... Assistance in relation to proceedings .............................................. 210
79.......... Requests for non-monetary compensation ...................................... 210
Part 4--Determinations of the Federal Court 212
Division 1--Overview of Part 212
79A....... Overview of Part ............................................................................. 212
Division 1A--General 213
80.......... Operation of Part ............................................................................. 213
81.......... Jurisdiction of the Federal Court ..................................................... 213
82.......... Federal Court's way of operating .................................................... 213
83.......... Assessor assisting the Federal Court .............................................. 214
83A....... Federal Court may request searches to be conducted ...................... 214
84.......... Parties ............................................................................................. 214
84A....... Intervention by Commonwealth Minister ........................................ 217
84B....... Parties may appoint an agent ........................................................... 217
84C....... Striking out applications for failure to comply with requirements of this Act 218
84D....... Proceedings affected by possible defect in authorisation ................. 219
85.......... Representation before Federal Court ............................................... 219
85A....... Costs ............................................................................................... 220
86.......... Evidence and findings in other proceedings .................................... 220
Division 1B--Reference for mediation 221
86A....... Purpose of mediation ...................................................................... 221
86B....... Referral of matters for mediation ..................................................... 222
86BA.... Mediator may appear before the Court ............................................ 224
86C....... Cessation of mediation .................................................................... 225
86D....... Federal Court's powers ................................................................... 226
86E........ Federal Court may request reports from a mediator ........................ 227
Division 1C--Agreements and unopposed applications 228
86F........ Agreement to settle application etc. ................................................. 228
86G....... Unopposed applications .................................................................. 229
87.......... Power of Federal Court if parties reach agreement .......................... 229
87A....... Power of Federal Court to make determination for part of an area .. 232
Division 2--Conferences etc. 235
88.......... Conferences .................................................................................... 235
89.......... Right of appearance ......................................................................... 235
90.......... Participation by telephone etc. ......................................................... 235
91.......... Conferences to be held in public except in special circumstances .... 235
92.......... Federal Court may prohibit disclosure of evidence ......................... 236
93.......... Powers of assessor to take evidence ............................................... 236
Division 3--Orders 238
94.......... Order that compensation is payable ................................................. 238
94A....... Order containing determination of native title .................................. 238
94B....... Order relating to an application that has been referred for mediation 238
94C....... Order dismissing an application relating to a future act ................... 238
Division 4--Mediation 243
94D....... Mediation conferences .................................................................... 243
94E........ Parties at conferences ...................................................................... 244
94F........ Other persons attending or participating in conferences .................. 245
94G....... Producing documents ...................................................................... 245
94H....... Referral of questions of fact or law ................................................. 246
94J........ Referral of questions about whether a party should be dismissed ... 246
94K....... Conferences to be held in private .................................................... 247
94L........ Person conducting the mediation may prohibit disclosure of information etc. 248
94M...... Person conducting the mediation etc. must not be required to give evidence or produce documents to a court 248
94N....... Report etc. to be given to Federal Court .......................................... 249
94P........ Reports about breaches of the requirement to act in good faith ....... 250
94Q....... Public reporting about breaches of the requirement to act in good faith 252
94R....... Protection of person conducting the mediation ................................ 253
94S........ Regulations about mediation ........................................................... 253
Part 5--Native Title Registrar 254
95.......... Appointment of Registrar ................................................................ 254
96.......... Powers of Registrar--assisting the President ................................. 254
96A....... Powers of Registrar--ILUAs and future act negotiations ............... 255
97.......... Powers of Registrar--applications .................................................. 255
97A....... Searches for Federal Court etc. ....................................................... 255
98.......... Powers of Registrar--registers ....................................................... 255
98A....... Power of Registrar--other public records and information ............. 255
99.......... Delegation by Registrar ................................................................... 256
100........ Remuneration and allowances ......................................................... 256
101........ Terms and conditions of appointment ............................................. 256
102........ Leave of absence ............................................................................. 257
103........ Resignation ..................................................................................... 257
104........ Termination of appointment ............................................................ 257
105........ Outside employment ....................................................................... 259
106........ Disclosure of interests by Registrar ................................................ 259
106A..... Appointment of acting Registrar ..................................................... 259
Part 6--National Native Title Tribunal 261
Division 1--Establishment, purpose and way of operating 261
107........ Establishment of the National Native Title Tribunal ........................ 261
108........ Function of the Tribunal .................................................................. 261
109........ Tribunal's way of operating ............................................................ 262
Division 2--Membership of the National Native Title Tribunal 263
110........ Membership of the Tribunal ............................................................ 263
111........ Appointment of members of Tribunal ............................................. 264
112........ Appointment of a Judge or an assessor as a member not to affect tenure etc. 264
113........ Delegation to members .................................................................... 264
114........ Remuneration and allowances ......................................................... 265
115........ Terms and conditions of appointment ............................................. 265
116........ Oath or affirmation of office ........................................................... 265
117........ Leave of absence ............................................................................. 266
118........ Resignation ..................................................................................... 266
119........ Termination of appointment--members other than Judges or assessors 267
120........ Suspension of members other than a Judge--misbehaviour or incapacity 268
121........ Outside employment ....................................................................... 269
122........ Disclosure of interests ..................................................................... 270
Division 3--Organisation of the Tribunal 271
123........ Arrangement of business ................................................................ 271
124........ Constitution of Tribunal for exercise of powers .............................. 271
125........ Reconstitution of the Tribunal ......................................................... 272
126........ Member presiding ........................................................................... 273
127........ Places of sitting ............................................................................... 273
Division 4--Management of the Tribunal 274
Subdivision A--Management responsibilities of President and Registrar 274
128........ Management of administrative affairs of Tribunal ........................... 274
129........ Native Title Registrar ...................................................................... 274
Subdivision B--Other officers, Tribunal staff and consultants 275
130........ Deputy Registrars and staff of the Tribunal .................................... 275
131........ Statutory Agency etc. for purposes of Public Service Act .............. 275
131A..... President may engage consultants ................................................... 276
131B..... Disclosure of interests ..................................................................... 276
132........ Registrar may engage consultants ................................................... 277
Subdivision C--Miscellaneous administrative matters 278
133........ Annual report .................................................................................. 278
136........ Proceedings arising out of administration of Tribunal ..................... 278
Division 4AA--Review on whether there are native title rights and interests 279
136GC.. Review on whether there are native title rights and interests ........... 279
136GD.. Member conducting a review may prohibit disclosure of information 281
136GE... Reports ............................................................................................ 281
Division 4B--How assistance, mediation or review is to be provided 283
136H..... Regulations about assistance, mediation or review .......................... 283
Division 5--Inquiries and determinations by the Tribunal 284
Subdivision A--Special inquiries 284
137........ Special inquiries .............................................................................. 284
138........ Notice .............................................................................................. 284
Subdivision AA--Native title application inquiries 284
138A..... Application ...................................................................................... 284
138B..... Native title application inquiries ...................................................... 285
138C..... Tribunal to hold inquiry .................................................................. 285
138D..... Notice to be given to certain persons before inquiry is held ............ 285
138E...... Relationship to mediation and reviews on whether there are native title rights and interests 286
138F...... Cessation of inquiry ........................................................................ 286
138G..... Inquiries may cover more than one proceeding ............................... 287
Subdivision B--Inquiries--General 287
139........ Inquiries .......................................................................................... 287
140........ Inquiries may cover more than one matter ....................................... 287
141........ Parties ............................................................................................. 287
142........ Opportunity to make submissions concerning evidence .................. 288
143........ Representation before Tribunal ....................................................... 289
144........ Manner in which questions to be decided ....................................... 289
145........ Reference of questions of law to the Federal Court ......................... 289
146........ Evidence and findings in other proceedings .................................... 290
147........ Power of Tribunal where a proceeding is frivolous or vexatious .... 290
148........ Power of Tribunal where no jurisdiction, failure to proceed etc. ..... 290
149........ Power of Tribunal where applicant requests dismissal .................... 291
149A..... Power of Tribunal to reinstate application ....................................... 291
Subdivision C--Conferences and hearings 291
150........ Conferences .................................................................................... 291
151........ Hearings .......................................................................................... 292
152........ Right of appearance ......................................................................... 292
153........ Participation by telephone etc. ......................................................... 292
154........ Hearings to be held in public except in special circumstances ......... 292
154A..... Exception--hearings to be held in private if held during course of a native title application inquiry 293
155........ Tribunal may prohibit disclosure of evidence .................................. 294
156........ Powers of Tribunal to take evidence ............................................... 294
157........ Tribunal may authorise another person to take evidence ................. 295
158........ Interpreters ...................................................................................... 296
159........ Retention and copying of documents .............................................. 296
Subdivision D--Determinations and reports 296
162........ Determination of the Tribunal--right to negotiate applications ....... 296
163........ Reports after special inquiries ......................................................... 297
163AA.. Reports after inquiries into subsection 24DJ(1) objection applications 297
163A..... Reports after native title application inquiries .................................. 297
164........ Determinations and reports to be in writing .................................... 298
Subdivision F--Appeals 298
169........ Appeals to Federal Court from decisions and determinations of the Tribunal 298
170........ Operation and implementation of a decision or determination that is subject to appeal 299
Division 6--Offences 301
171........ Failure of witness to attend ............................................................. 301
172........ Refusal to be sworn or to answer questions etc. ............................. 301
173........ Giving of false or misleading evidence ........................................... 301
174........ Refusal to produce document .......................................................... 302
176........ Contravention of direction prohibiting disclosure of evidence ........ 302
177........ Contempt of Tribunal ...................................................................... 302
Division 7--Miscellaneous 303
178........ Sending of documents to the Federal Court .................................... 303
179........ Return of documents etc. at completion of proceeding .................... 303
180........ Protection of members and persons giving evidence ....................... 304
181........ Confidential information not to be disclosed ................................... 304
182........ Fees for persons giving evidence .................................................... 305
Part 7--Register of Native Title Claims 307
184........ Claims to native title ........................................................................ 307
185........ Register of Native Title Claims ....................................................... 307
186........ Contents of the Register .................................................................. 307
187........ Inspection of the Register ................................................................ 308
188........ Parts of the Register may be kept confidential ................................. 309
189........ Senior Registrar of the High Court to notify Registrar .................... 309
189A..... Registrar of Federal Court to notify Native Title Registrar .............. 309
190........ Keeping the Register ....................................................................... 309
190A..... Registrar to consider claims ............................................................ 312
190B..... Registration: conditions about merits of the claim ........................... 316
190C..... Registration: conditions about procedural and other matters ........... 319
190D..... If the claim cannot be registered--notice of decision ...................... 320
190E...... If the claim cannot be registered--reconsideration by the NNTT .... 321
190F...... If the claim cannot be registered--review by Federal Court ............ 323
191........ Delegation by Registrar to recognised State/Territory body ............ 325
Part 8--National Native Title Register 326
192........ National Native Title Register ......................................................... 326
193........ Contents of the Register .................................................................. 326
194........ Inspection of the Register ................................................................ 328
195........ Parts of the Register may be kept confidential ................................. 328
197........ Keeping the Register ....................................................................... 329
198........ Delegation by Registrar to recognised State/Territory body ............ 329
199........ Registrar to notify land titles office ................................................. 329
Part 8A--Register of Indigenous Land Use Agreements 330
199A..... Register of Indigenous Land Use Agreements ................................ 330
199B..... Contents of the Register etc. ............................................................ 330
199C..... Removal of details of agreement from Register ............................... 331
199D..... Inspection of the Register ................................................................ 333
199E...... Parts of the Register to be kept confidential .................................... 333
199F...... Delegation by Registrar ................................................................... 334
Part 9--Financial assistance to States and Territories 335
200........ Financial assistance to States and Territories ................................... 335
Part 11--Representative Aboriginal/Torres Strait Islander bodies 336
Division 1--Preliminary 336
201A..... Definitions ...................................................................................... 336
201B..... Eligible bodies ................................................................................. 337
Division 2--Recognition of representative Aboriginal/Torres Strait Islander bodies 338
203A..... Inviting applications for recognition ................................................ 338
203AA.. Revocation of invitations ................................................................. 339
203AAAEligible body must notify the Commonwealth Minister if
it
decides not to apply for recognition etc.
.......................................... 340
203AB.. Application for recognition ............................................................. 340
203AC.. Dealing with applications ................................................................ 341
203AD.. Recognition of representative bodies ............................................... 341
203AE... Commonwealth Minister may vary an area for which a body is the representative body 343
203AF... Notification requirements for the variation of an area on the Commonwealth Minister's own initiative 345
203AG.. Notice of decision on variation ........................................................ 346
203AH.. Withdrawal of recognition ............................................................... 347
203AI.... Matters to which Commonwealth Minister must have regard ......... 349
Division 3--Functions and powers of representative bodies 350
203B..... Functions of representative bodies .................................................. 350
203BA.. How functions of representative bodies are to be performed .......... 351
203BB... Facilitation and assistance functions ................................................ 352
203BC... How facilitation and assistance functions are to be performed ........ 354
203BD.. Matters that overlap different representative body areas .................. 355
203BE... Certification functions ..................................................................... 356
203BF... Dispute resolution functions ........................................................... 357
203BG.. Notification functions ...................................................................... 358
203BH.. Agreement making function ............................................................ 359
203BI.... Internal review functions ................................................................. 359
203BJ.... Other functions ............................................................................... 359
203BK... Powers of representative bodies ...................................................... 360
Division 4--Finance 362
203C..... Funding of representative bodies .................................................... 362
203CA.. Conditions of funding ..................................................................... 362
203CB... Banking and investment .................................................................. 364
Division 5--Accountability 366
203DA.. Accounting records ......................................................................... 366
203DB.. Payments to be properly made etc. .................................................. 366
203DF... Inspection and audit, or investigation, of a representative body ...... 367
203DG.. Access to information ..................................................................... 369
203DH.. Effect of withdrawal of recognition ................................................. 370
Division 6--Conduct of directors and other executive officers 372
203E...... Application of Division ................................................................... 372
203EA... Representative bodies that are not corporations ............................... 372
203EB... Representative bodies registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 373
203EC... Sections 203EA to 203EB not to affect certain obligations ............. 374
Division 7--Miscellaneous 375
203F...... Secretary to inform Minister of certain matters ............................... 375
203FB... Review of assistance decisions ....................................................... 375
203FBA External review ............................................................................... 376
203FBB Review by Secretary of the Department .......................................... 378
203FC... Transfer of documents and records ................................................. 379
203FCA Representative body etc. to comply with wishes of traditional custodians 381
203FD... Liability of executive officers etc. .................................................... 382
203FE... Provision of funding by the Commonwealth .................................. 382
203FEA Application of this Act to persons and bodies funded under subsection 203FE(1) 384
203FEB. Application of this Act to persons and bodies funded under subsection 203FE(2) 386
203FEC. Certain provisions do not apply to persons and bodies funded under subsection 203FE(1) or (2) 388
203FED Liability ........................................................................................... 389
203FF... Financial and accountability requirements imposed by other legislation 389
203FG... False statements etc. ........................................................................ 389
203FH... Conduct by directors, employees and agents ................................... 390
203FI.... Delegation ....................................................................................... 391
Part 12A--State/Territory bodies 392
207A..... Recognised State/Territory body ..................................................... 392
207B..... Equivalent State/Territory bodies .................................................... 394
Part 13--Miscellaneous 398
208........ Act not to apply so as to exceed Commonwealth power ................. 398
209........ Reports by Aboriginal and Torres Strait Islander Social Justice Commissioner 399
210........ Operation of beneficial land rights laws not affected ....................... 399
211........ Preservation of certain native title rights and interests ..................... 400
212........ Confirmation of ownership of natural resources, access to beaches etc. .. 401
213........ Provisions relating to Federal Court jurisdiction ............................. 402
213A..... Assistance from Attorney-General .................................................. 402
214........ Application of amended rules of evidence in proceedings before the Federal Court 404
215........ Regulations ..................................................................................... 405
Part 14--Amendment of Acts 407
Division 1--Amendment of the Federal Court Act 1976 407
216........ Object of Division ........................................................................... 407
217........ Principal Act ................................................................................... 407
218........ Insertion of new Part ....................................................................... 407
219........ Rules of Court ................................................................................. 411
Division 2--Amendment of other Acts 413
220........ Amendment of the Jurisdiction of Courts (Cross-vesting) Act ....... 413
221........ Amendment of the Petroleum (Submerged Lands) Act and the Minerals (Submerged Lands) Act 413
Part 15--Definitions 415
Division 1--List of definitions 415
222........ List of definitions ............................................................................ 415
Division 2--Key concepts: Native title and acts of various kinds etc. 419
223........ Native title ....................................................................................... 419
224........ Native title holder ............................................................................ 420
225........ Determination of native title ............................................................ 420
226........ Act .................................................................................................. 421
227........ Act affecting native title ................................................................... 421
228........ Past act ............................................................................................ 422
229........ Category A past act ......................................................................... 425
230........ Category B past act ......................................................................... 427
231........ Category C past act ......................................................................... 427
232........ Category D past act ......................................................................... 427
232A..... Intermediate period act .................................................................... 428
232B..... Category A intermediate period act ................................................. 429
232C..... Category B intermediate period act .................................................. 430
232D..... Category C intermediate period act .................................................. 431
232E...... Category D intermediate period act ................................................. 431
233........ Future act ........................................................................................ 431
237........ Act attracting the expedited procedure ............................................. 432
237A..... Extinguish ....................................................................................... 433
238........ Non-extinguishment principle ......................................................... 433
239........ Act attributable to the Commonwealth, a State or a Territory .......... 434
240........ Similar compensable interest test ..................................................... 435
Division 3--Leases 436
241........ Coverage of Division ...................................................................... 436
242........ Lease ............................................................................................... 436
243........ Lessee ............................................................................................. 436
244........ Permit .............................................................................................. 437
245........ Mining lease .................................................................................... 437
246........ Commercial lease ............................................................................ 438
247........ Agricultural lease ............................................................................ 439
247A..... Exclusive agricultural lease ............................................................. 439
247B..... Non-exclusive agricultural lease ...................................................... 440
248........ Pastoral lease ................................................................................... 440
248A..... Exclusive pastoral lease ................................................................... 440
248B..... Non-exclusive pastoral lease ........................................................... 440
249........ Residential lease .............................................................................. 440
249A..... Community purposes lease ............................................................. 441
249B..... Perpetual lease ................................................................................. 441
249C..... Scheduled interest ........................................................................... 441
Division 4--Sundry definitions etc. 443
250........ Application to things happening before commencement ................. 443
251A..... Authorising the making of indigenous land use agreements ........... 443
251B..... Authorising the making of applications ........................................... 443
251C..... Towns and cities ............................................................................. 444
251D..... Land or waters on which a public work is constructed, established or situated 445
252........ Notify the public in the determined way .......................................... 446
253........ Other definitions ............................................................................. 446
Schedule 1--Scheduled interests 456
Part 1--New South Wales 456
1............ Crown Lands Occupation Act 1861 ................................................ 456
2............ Crown Lands Act 1884 ................................................................... 456
3............ Western Lands Act 1901, Crown Lands Consolidation Act 1913 and other land Acts 457
4............ Returned Soldiers Settlement Act 1916 ............................................ 460
5............ Closer Settlement Amendment (Conversion) Act 1943 .................... 460
6............ Crown Lands Act 1989 ................................................................... 460
7............ National Parks legislation ................................................................ 461
8............ Various Acts ................................................................................... 461
Part 2--Victoria 462
9............ Land Acts etc. ................................................................................. 462
10.......... Water Acts etc. ................................................................................ 466
11.......... Forests Acts .................................................................................... 467
12.......... National Parks Act 1975 ................................................................. 467
13.......... Alpine Resorts Act 1983 ................................................................. 468
14.......... Gardens Acts .................................................................................. 468
15.......... Settlement Acts etc. ......................................................................... 468
16.......... Crown Land (Reserves) Act 1978 .................................................. 469
17.......... Melbourne and Metropolitan Board of Works Acts ........................ 470
18.......... Port Acts etc. ................................................................................... 470
19.......... Railway and Transport Acts ............................................................ 471
20.......... Various Acts ................................................................................... 471
Part 3--Queensland 473
21.......... Leases under various Land Acts etc. ............................................... 473
22.......... Freeholding leases ........................................................................... 477
23.......... Homestead interests ........................................................................ 477
24.......... Settlement farm leases ..................................................................... 477
25.......... Agricultural farms ........................................................................... 478
26.......... Perpetual lease selections ................................................................ 478
27.......... Perpetual town leases ...................................................................... 478
28.......... Perpetual suburban leases ............................................................... 478
29.......... Perpetual country leases .................................................................. 479
30.......... Prickly pear-related interests ........................................................... 479
31.......... Leases under agreements given the force of law ............................. 480
32.......... Various interests ............................................................................. 480
Part 4--Western Australia 482
33.......... Legislation before 1898 ................................................................... 482
34.......... Land Act 1898 and Land Act 1933 .................................................. 482
35.......... Other legislation after 1898 ............................................................. 487
36.......... Leases under certain mining-related and other Acts ........................ 488
Part 5--South Australia 491
37.......... Perpetual leases and leases for a term of years ................................ 491
38.......... Miscellaneous leases ....................................................................... 492
39.......... Other interests ................................................................................. 495
Part 6--Tasmania 497
40.......... Crown Lands Acts .......................................................................... 497
41.......... Closer Settlement Act 1929 ............................................................. 498
Part 7--Northern Territory 499
42.......... Town leases etc. .............................................................................. 499
43.......... Agricultural leases etc. .................................................................... 499
44.......... Leases for special purposes etc. ...................................................... 501
45.......... Miscellaneous leases ....................................................................... 503
46.......... Other leases ..................................................................................... 504
Notes 509
An Act about native title in relation to land or waters, and for related purposes
Notes to the Native Title Act 1993
Note 1
The Native Title Act 1993 as shown in this compilation comprises Act No. 110, 1993 amended as indicated in the Tables below.
Part 12 ceased to have effect on 23 March 2006.
For all relevant information pertaining to application, saving or transitional provisions see Table A.
Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
|
110, 1993 |
24 Dec 1993 |
Ss. 3-200 and |
|
||
|
Land Fund and Indigenous Land Corporation (ATSIC Amendment) Act 1995 |
20, 1995 |
29 Mar 1995 |
1 June 1995 (see Gazette 1995, No. GN18) |
-- |
|
|
Workplace Relations and Other Legislation Amendment Act 1996 |
60, 1996 |
25 Nov 1996 |
Schedule 16 (items 56-58): 25 May 1997 (a) |
S. 2(2) and (6) (am. by 77, 1996, Sch. 3 [items 1, 2]) |
|
|
as amended by |
|
|
|
|
|
|
Workplace Relations and Other Legislation Amendment Act (No. 2) 1996 |
77, 1996 |
19 Dec 1996 |
Schedule 3 (items 1, 2): (b) |
-- |
|
|
152, 1997 |
24 Oct 1997 |
Schedule 2 (item 1054): 1 Jan 1998 (see Gazette 1997, No. GN49) (c) |
-- |
||
|
170, 1997 |
16 Nov 1997 |
16 Nov 1997 |
-- |
||
|
97, 1998 |
27 July 1998 |
Schedules 1, 2, 4 and 5: 30 Sept 1998 ( see Gazette 1998, No. S428) |
Sch. 5 (items 1-13, 15-25, 27-43) |
||
|
as amended by |
|
|
|
|
|
|
63, 2002 |
3 July 2002 |
Schedule 2 (item 16): (d) |
-- |
||
|
125, 2007 |
20 July 2007 |
Schedule 4 (items 34-36): (see 125, 2007 below) |
-- |
||
|
Public Employment (Consequential and Transitional) Amendment Act 1999 |
146, 1999 |
11 Nov 1999 |
Schedule 1 (items 676-682): 5 Dec 1999 (see Gazette 1999, No. S584) (e) |
-- |
|
|
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 |
137, 2000 |
24 Nov 2000 |
Ss. 1-3 and Schedule 1 (items 1, 4, 6, 7, 9-11, 32):
Royal Assent |
Sch. 2 (items 418, 419) |
|
|
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 |
24, 2001 |
6 Apr 2001 |
S. 4(1), (2) and Schedule 37: (f) |
S. 4(1) and (2) |
|
|
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001 |
159, 2001 |
1 Oct 2001 |
29 Oct 2001 |
Sch. 1 (item 97) |
|
|
Extension of Sunset of Parliamentary Joint Committee on Native Title Act 2004 |
13, 2004 |
11 Mar 2004 |
11 Mar 2004 |
-- |
|
|
62, 2004 |
26 May 2004 |
Schedule 1 (items 51-53): 27 May 2004 |
-- |
||
|
8, 2005 |
22 Feb 2005 |
S. 4, Schedule 1 (items 208-210, 496) and Schedule 2 (item 135): Royal Assent |
S. 4 and Sch. 1 (item 496) |
|
|
|
Aboriginal and Torres Strait Islander Commission Amendment Act 2005 |
32, 2005 |
22 Mar 2005 |
Schedule 4 (items 30-79): 24 Mar 2005 |
Sch. 4 (items 40, 44, 48, 64, 75) |
|
|
as amended by |
|
|
|
|
|
|
9, 2006 |
23 Mar 2006 |
Schedule 2 (items 1, 2): (g) |
-- |
||
|
100, 2005 |
6 July 2005 |
Schedule 1 (item 30): (h) |
-- |
|
|
|
30, 2006 |
6 Apr 2006 |
Schedule 3 (items 7-9, 11): 7 Apr 2006 |
Sch. 3 (item 11) |
|
|
|
125, 2006 |
4 Nov 2006 |
Schedules 1-3: 1 July 2007 (see s. 2(1)) |
-- |
|
|
|
61, 2007 |
15 Apr 2007 |
Schedule 3 (item 5): (i) |
Sch. 1 (items 48-62), Sch. 2 (items 76-88)
and Sch. 4 (item 2) |
|
|
|
as amended by |
|
|
|
|
|
|
125, 2007 |
20 July 2007 |
Schedule 1 (items 118, 119, 120, 137) and Schedule 5: (see 125, 2007 below) |
Sch. 1 (items 120, 137) and Sch. 5 |
||
|
125, 2007 |
20 July 2007 |
Schedule 1 (items 1-83, |
Sch. 1 (items |
|
|
|
as amended by |
|
|
|
|
|
|
8, 2010 |
1 Mar 2010 |
Schedule 2 (items 15, 16): (ja) |
-- |
|
|
|
33, 2010 |
13 Apr 2010 |
Schedule 3 (items 4, 5): (jb) |
-- |
|
|
|
26, 2008 |
23 June 2008 |
Schedule 1 (items 90-97): Royal Assent |
-- |
|
|
|
Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 |
70, 2009 |
8 July 2009 |
Schedule 3 (items 45, 46): 5 Aug 2009 |
-- |
|
|
83, 2009 |
17 Sept 2009 |
Schedules 1-4, Schedule 5 (items 1-12) and Schedule 6: 18 Sept
2009 |
Sch. 1 (items 69-73), Sch. 4 (item 3), Sch. 5 (items 12, 39) and Sch. 6 (items 18, 19) |
|
|
|
Federal Justice System Amendment (Efficiency Measures) Act (No. 1) 2009 |
122, 2009 |
7 Dec 2009 |
Schedule 3 (items 4, 5): Royal Assent |
Sch. 3 (item 5) [in part] |
|
|
Native Title Amendment Act (No. 1) 2010 |
144, 2010 |
15 Dec 2010 |
16 Dec 2010 |
Sch. 1 (item 8) |
|
|
Statute Law Revision Act 2011 |
5, 2011 |
22 Mar 2011 |
Schedule 1 (item 69): Royal Assent |
-- |
|
|
Acts Interpretation Amendment Act 2011 |
46, 2011 |
27 June 2011 |
Schedule 2 (items 865-868) and Schedule 3 (items 10, 11): 27 Dec 2011 |
Sch. 3 (items 10, 11) |
|
|
Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 |
58, 2011 |
28 June 2011 |
Schedule 1 (items 119-122): (l) |
-- |
|
(a) The Native Title Act 1993 was amended by Schedule 16 (items 56-58) only of the Workplace Relations and Other Legislation Amendment Act 1996, subsection 2(3) of which provides as follows:
(3) If an item of a Schedule does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
(b) The Workplace Relations and Other Legislation Amendment Act 1996 was amended by Schedule 3 (items 1 and 2) only of the Workplace Relations and Other Legislation Amendment Act (No. 2) 1996, subsection 2(4) of which provides as follows:
(4) The items of Schedule 3 are taken to have commenced immediately after the Workplace Relations and Other Legislation Amendment Act 1996 received the Royal Assent.
The Workplace Relations and Other Legislation Amendment Act 1996 received the Royal Assent on 25 November 1996.
(c) The Native Title Act 1993 was amended by Schedule 2 (item 1054) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:
(2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.
(d) Subsection 2(1) (item 45) of the Statute Law Revision Act 2002 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
|
Commencement information |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
45. Schedule 2, item 16 |
Immediately after the time specified in the Native Title Amendment Act 1998 for the commencement of item 43 of Schedule 2 to that Act |
30 September 1998 |
(e) The Native Title Act 1993 was amended by Schedule 1 (items 676-682) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
(f) The Native Title Act 1993 was amended by Schedule 37 only of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001, subsection 2(1)(a) of which provides as follows:
(1) Subject to this section, this Act commences at the later of the following times:
(a) immediately after the commencement of item 15 of Schedule 1 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;
Item 15 of Schedule 1 commenced on 24 May 2001.
(g) Subsection 2(1) (items 18 and 19) of the Statute Law Revision Act 2006 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
18. Schedule 2, item 1 |
Immediately after the time specified in the Aboriginal and Torres Strait Islander Commission Amendment Act 2005 for the commencement of item 72 of Schedule 4 to that Act. |
24 March 2005 |
|
19. Schedule 2, item 2 |
Immediately after the time specified in the Aboriginal and Torres Strait Islander Commission Amendment Act 2005 for the commencement of item 73 of Schedule 4 to that Act. |
24 March 2005 |
(h) Subsection 2(1) (item 19) of the Statute Law Revision Act 2005 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
19. Schedule 1, item 30 |
Immediately after the commencement of the Land Fund and Indigenous Land Corporation (ATSIC Amendment) Act 1995. |
1 June 1995 |
(i) Subsection 2(1) (item 4) of the Native Title Amendment Act 2007 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
4. Schedule 3, item 5 |
Immediately before the commencement of Schedule 1 to the Corporations (Aboriginal and Torres Strait Islander) Consequential, Transitional and Other Measures Act 2006. |
1 July 2007 |
(j) Subsection 2(1) (items 4A and 10A) of the Native Title Amendment (Technical Amendments) Act 2007 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
4A. Schedule 1, items 90 and 91 |
Immediately after the commencement of Schedule 2 to the Native Title Amendment Act 2007. |
15 April 2007 |
|
10A. Schedule 13, item 10A |
Immediately after the commencement of Schedule 1 to the Corporations (Aboriginal and Torres Strait Islander) Consequential, Transitional and Other Measures Act 2006. |
1 July 2007 |
(ja) Subsection 2(1) (item 18) of the Statute Law Revision Act 2010 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
18. Schedule 2, items 15 and 16 |
Immediately after the time specified in the Native Title Amendment (Technical Amendments) Act 2007 for the commencement of item 31 of Schedule 4 to that Act. |
1 September 2007 |
(jb) Subsection 2(1) (item 5) of the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Miscellaneous Measures) Act 2010 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
5. Schedule 3, items 4 and 5 |
Immediately after the time specified in the Native Title Amendment (Technical Amendments) Act 2007 for the commencement of item 9 of Schedule 2 to that Act. |
21 July 2007 |
(k) Subsection 2(1) (items 3 and 4) of the Native Title Amendment Act 2009 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
3. Schedule 5, Part 1 |
The later of: (a) the day after this Act receives the Royal Assent; and (b) 1 July 2009. |
18 September 2009 |
|
4. Schedule 5, Part 2 |
Immediately after the commencement of the provision(s) covered by table item 3. |
18 September 2009 |
(l) Subsection 2(1) (item 2) of the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
2. Schedules 1 and 2 |
Immediately after the commencement of section 2 of the Governance of Australian Government Superannuation Schemes Act 2011. |
1 July 2011 |
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
Preamble............................ |
am. No. 70, 2009 |
|
Part 1 |
|
|
am. No. 97, 1998 |
|
|
am. No. 20, 1995 |
|
|
|
rs. No. 97, 1998 |
|
|
am. No. 83, 2009 |
|
rs. No. 97, 1998 |
|
|
S. 8A................................... |
ad. No. 24, 2001 |
|
Part 2 |
|
|
Division 1 |
|
|
am. No. 97, 1998 |
|
|
S. 12.................................... |
rep. No. 97, 1998 |
|
Subheads. to s. 13(1), (2). |
am. No. 97, 1998 |
|
am. No. 97, 1998 |
|
|
Note to s. 13(2).................. |
ad. No. 97, 1998 |
|
|
rs. No. 125, 2007 |
|
Division 2 |
|
|
Heading to Div. 2 of Part 2........................................ |
rs. No. 97, 1998 |
|
Subdivision AA |
|
|
Subdiv. AA of Div. 2 of...... |
ad. No. 97, 1998 |
|
ad. No. 97, 1998 |
|
|
Subdivision A |
|
|
Note to s. 15(1).................. |
ad. No. 97, 1998 |
|
Division 2A |
|
|
Div. 2A of Part 2................. |
ad. No. 97, 1998 |
|
Subdivision A |
|
|
rs. No. 97, 1998 |
|
|
S. 22.................................... |
rep. No. 97, 1998 |
|
Subdivision B |
|
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
Subdivision C |
|
|
ad. No. 97, 1998 |
|
|
Division 2AA |
|
|
Div. 2AA of Part 2............... |
ad. No. 97, 1998 |
|
ad. No. 97, 1998 |
|
|
S. 23.................................... |
rep. No. 97, 1998 |
|
Division 2B |
|
|
Div. 2B of Part 2................. |
ad. No. 97, 1998 |
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
S. 24.................................... |
rep. No. 97, 1998 |
|
Division 3 |
|
|
Div. 3 of Part 2................... |
rs. No. 97, 1998 |
|
Subdivision A |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007; No. 144, 2010 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 144, 2010 |
|
ad. No. 97, 1998 |
|
|
Subdivision B |
|
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
Subdivision C |
|
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 97, 1998; No. 125, 2007 |
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 97, 1998; No. 125, 2007 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
Subdivision D |
|
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
Note to s. 24DJ(1)............. |
ad. No. 125, 2007 |
|
ad. No. 97, 1998 |
|
|
Subdivision E |
|
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 97, 1998 |
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
Subdivision F |
|
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
Subdivision G |
|
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
Subdivision H |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
Subdivision I |
|
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
Subdivision JA |
|
|
Subdiv. JA of Div. 3 of Part 2............................... |
ad. No. 144, 2010 |
|
S. 24JAA............................. |
ad. No. 144, 2010 |
|
Subdivision J |
|
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
Subdivision K |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
Subdivision L |
|
|
ad. No. 97, 1998 |
|
|
Subdivision M |
|
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
|
am. Nos. 61 and 125, 2007 |
|
Note to s. 24MD(6B)(b)..... |
rep. No. 125, 2007 |
|
Subdivision N |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
Subdivision O |
|
|
ad. No. 97, 1998 |
|
|
Subdivision P |
|
|
rs. No. 97, 1998 |
|
|
rs. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
ad. No. 97, 1998 |
|
|
rs. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
rs. No. 97, 1998 |
|
|
|
am. No. 125, 2007; No. 83, 2009 |
|
rs. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
rs. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
rs. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
Subhead. to s. 32(5).......... |
am. No. 100, 2005 |
|
rs. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007; No. 83, 2009 |
|
rs. No. 97, 1998 |
|
|
rs. No. 97, 1998 |
|
|
|
am. No. 125, 2007; No. 83, 2009 |
|
ad. No. 97, 1998 |
|
|
rs. No. 97, 1998 |
|
|
|
am. No. 125, 2007; No. 83, 2009 |
|
ad. No. 97, 1998 |
|
|
rs. No. 97, 1998 |
|
|
|
am. No. 125, 2007; No. 83, 2009 |
|
Note to s. 43(3).................. |
rep. No. 125, 2007 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
Note to s. 43A(9)................ |
rep. No. 125, 2007 |
|
ad. No. 97, 1998 |
|
|
rs. No. 97, 1998 |
|
|
Subdivision Q |
|
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
ad. No. 97, 1998 |
|
|
Division 4 |
|
|
ad. No. 97, 1998 |
|
|
am. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
Division 5 |
|
|
am. No. 97, 1998 |
|
|
Subheads. to s. 50(1), (2). |
am. No. 97, 1998 |
|
am. No. 97, 1998 |
|
|
Note to s. 50(1).................. |
ad. No. 97, 1998 |
|
Subhead. to s. 51(2).......... |
am. No. 97, 1998 |
|
am. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
Heading to s. 52................ |
am. No. 97, 1998 |
|
|
rs. No. 125, 2007 |
|
am. No. 97, 1998 |
|
|
|
rs. No. 125, 2007 |
|
|
am. No. 83, 2009 |
|
ad. No. 83, 2009 |
|
|
am. No. 97, 1998 |
|
|
Division 6 |
|
|
Heading to s. 55................ |
am. No. 97, 1998 |
|
am. No. 97, 1998; No. 83, 2009 |
|
|
am. No. 97, 1998; No. 125, 2007 |
|
|
am. No. 97, 1998; Nos. 61 and 125, 2007 |
|
|
am. No. 97, 1998 |
|
|
|
rs. No. 125, 2007 |
|
ad. No. 61, 2007 |
|
|
rs. No. 125, 2007 |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2006 |
|
Division 7 |
|
|
Div. 7 of Part 2................... |
ad. No. 125, 2007 |
|
ad. No. 125, 2007 |
|
|
Part 3 |
|
|
Part 3.................................. |
rs. No. 97, 1998 |
|
Division 1AA |
|
|
ad. No. 97, 1998 |
|
|
Division 1 |
|
|
rs. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
rs. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
Note to s. 62(2).................. |
am. No. 125, 2007 |
|
ad. No. 97, 1998 |
|
|
Note to s. 62A.................... |
ad. No. 125, 2007 |
|
rs. No. 97, 1998 |
|
|
rs. No. 97, 1998 |
|
|
|
am. Nos. 61 and 125, 2007 |
|
S. 65.................................... |
rep. No. 97, 1998 |
|
rs. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
Note to s. 66B(1)................ |
ad. No. 125, 2007 |
|
ad. No. 61, 2007 |
|
|
|
am. No. 125, 2007; No. 83, 2009 |
|
rs. No. 97, 1998 |
|
|
Division 1A |
|
|
rs. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
rs. No. 97, 1998 |
|
|
Ss. 71-74............................ |
rep. No. 97, 1998 |
|
Division 2 |
|
|
rs. No. 97, 1998 |
|
|
Division 2A |
|
|
ad. No. 97, 1998 |
|
|
Division 3 |
|
|
rs. No. 97, 1998 |
|
|
Part 4 |
|
|
Division 1 |
|
|
Div. 1 of Part 4................... |
rs. No. 97, 1998 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 83, 2009 |
|
Division 1A |
|
|
Div. 1A of Part 4................. |
ad. No. 97, 1998 |
|
rs. No. 97, 1998 |
|
|
rs. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
am. No. 60, 1996 |
|
|
|
rs. No. 97, 1998 |
|
ad. No. 97, 1998 |
|
|
rs. No. 97, 1998 |
|
|
|
am. Nos. 61 and 125, 2007 |
|
ad. No. 97, 1998 |
|
|
ad. No. 125, 2007 |
|
|
rs. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
rs. No. 97, 1998 |
|
|
|
am. No. 61, 2007 |
|
Division 1B |
|
|
Heading to Div. 1B of Part 4...................................... |
rs. No. 83, 2009 |
|
Div. 1B of Part 4................. |
ad. No. 97, 1998 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 61, 2007; No. 83, 2009 |
|
Heading to s. 86B.............. |
am. No. 83, 2009 |
|
Subhead. to s. 86B(6)........ |
ad. No. 83, 2009 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 61, 2007; No. 83, 2009 |
|
ad. No. 61, 2007 |
|
|
|
rs. No. 83, 2009 |
|
Subhead. to s. 86C(5)....... |
am. No. 83, 2009 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 61, 2007; No. 83, 2009 |
|
Note to s. 86D(1)............... |
am. No. 83, 2009 |
|
Note to s. 86D(3)............... |
am. No. 83, 2009 |
|
Heading to s. 86E.............. |
am. No. 83, 2009 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 61, 2007; No. 83, 2009 |
|
Division 1C |
|
|
Div. 1C of Part 4................. |
ad. No. 97, 1998 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
ad. No. 97, 1998 |
|
|
Subhead. to s. 87(1).......... |
rs. No. 83, 2009 |
|
rs. No. 97, 1998 |
|
|
|
am. Nos. 61 and 125, 2007; No. 83, 2009 |
|
Subhead. to s. 87A(4)........ |
am. No. 83, 2009 |
|
ad. No. 61, 2007 |
|
|
|
am. No. 125, 2007; No. 83, 2009 |
|
Division 3 |
|
|
ad. No. 97, 1998 |
|
|
Heading to s. 94B.............. |
am. No. 83, 2009 |
|
ad. No. 61, 2007 |
|
|
|
am. No. 83, 2009 |
|
ad. No. 61, 2007 |
|
|
|
am. No. 125, 2007 |
|
Division 4 |
|
|
Div. 4 of Part 4................... |
ad. No. 83, 2009 |
|
ad. No. 83, 2009 |
|
|
ad. No. 83, 2009 |
|
|
ad. No. 83, 2009 |
|
|
Part 5 |
|
|
am. No. 170, 1997 |
|
|
ad. No. 125, 2007 |
|
|
ad. No. 97, 1998 |
|
|
rs. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
am. No. 159, 2001 |
|
|
am. No. 146, 1999 |
|
|
am. No. 26, 2008; No. 58, 2011 |
|
|
ad. No. 170, 1997 |
|
|
|
am. No. 46, 2011 |
|
Note to s. 106A(1).............. |
ad. No. 46, 2011 |
|
Part 6 |
|
|
Division 1 |
|
|
am. No. 97, 1998; Nos. 61 and 125, 2007; No. 83, 2009 |
|
|
am. No. 97, 1998 |
|
|
Division 2 |
|
|
am. No. 97, 1998 |
|
|
am. No. 146, 1999 |
|
|
am. No. 26, 2008; No. 58, 2011 |
|
|
am. No. 170, 1997; No. 97, 1998 |
|
|
Division 3 |
|
|
am. No. 97, 1998; Nos. 61 and 125, 2007; No. 83, 2009 |
|
|
am. No. 97, 1998; No. 125, 2007 |
|
|
Division 4 |
|
|
Subdivision A |
|
|
am. No. 122, 2009 |
|
|
Subdivision B |
|
|
Heading to Subdiv. B of.... |
rs. No. 97, 1998 |
|
am. No. 146, 1999 |
|
|
rs. No. 146, 1999 |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 61, 2007 |
|
Heading to s. 132.............. |
rs. No. 97, 1998 |
|
Subhead. to s. 132(1)........ |
rep. No. 97, 1998 |
|
Subdivision C |
|
|
rs. No. 152, 1997 |
|
|
|
am. No. 61, 2007; No. 83, 2009 |
|
Ss. 134, 135........................ |
rep. No. 152, 1997 |
|
Div. 4A of Part 6................. |
ad. No. 97, 1998 |
|
|
rep. No. 83, 2009 |
|
S. 136A............................... |
ad. No. 97, 1998 |
|
|
rep. No. 83, 2009 |
|
S. 136B............................... |
ad. No. 97, 1998 |
|
|
am. No. 61, 2007 |
|
|
rep. No. 83, 2009 |
|
S. 136C............................... |
ad. No. 97, 1998 |
|
|
rep. No. 83, 2009 |
|
S. 136CA............................. |
ad. No. 61, 2007 |
|
|
rep. No. 83, 2009 |
|
S. 136D............................... |
ad. No. 97, 1998 |
|
|
rep. No. 83, 2009 |
|
S. 136DA............................. |
ad. No. 61, 2007 |
|
|
rep. No. 83, 2009 |
|
Ss. 136E, 136F................... |
ad. No. 97, 1998 |
|
|
rep. No. 83, 2009 |
|
Subhead. to s. 136G(2)..... |
rs. No. 61, 2007 |
|
|
rep. No. 83, 2009 |
|
S. 136G............................... |
ad. No. 97, 1998 |
|
|
am. No. 61, 2007 |
|
|
rep. No. 83, 2009 |
|
Ss. 136GA, 136GB............. |
ad. No. 61, 2007 |
|
|
rep. No. 83, 2009 |
|
Division 4AA |
|
|
Div. 4AA of Part 6............... |
ad. No. 61, 2007 |
|
ad. No. 61, 2007 |
|
|
|
am. No. 83, 2009 |
|
ad. No. 61, 2007 |
|
|
ad. No. 61, 2007 |
|
|
|
am. No. 83, 2009 |
|
Division 4B |
|
|
Heading to Div. 4B of Part 6...................................... |
rs. No. 61, 2007 |
|
Div. 4B of Part 6................. |
ad. No. 97, 1998 |
|
Heading to s. 136H........... |
am. No. 61, 2007 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 61, 2007; No. 83, 2009 |
|
Division 5 |
|
|
Subdivision A |
|
|
am. No. 97, 1998 |
|
|
Subdivision AA |
|
|
Subdiv. AA of Div. 5 of...... |
ad. No. 61, 2007 |
|
ad. No. 61, 2007 |
|
|
|
am. No. 83, 2009 |
|
Note to s. 138E(2).............. |
am. No. 83, 2009 |
|
ad. No. 61, 2007 |
|
|
Subdivision B |
|
|
am. No. 97, 1998; No. 125, 2007 |
|
|
Subhead. to s. 141(4)........ |
rs. No. 125, 2007 |
|
am. No. 97, 1998; Nos. 61 and 125, 2007 |
|
|
am. No. 97, 1998; No. 61, 2007 |
|
|
rs. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
Subdivision C |
|
|
am. No. 97, 1998 |
|
|
am. No. 61, 2007 |
|
|
Heading to s. 154.............. |
am. No. 97, 1998 |
|
Subheads. to s. 154(1), (3)........................................ |
am. No. 97, 1998 |
|
am. No. 97, 1998 (as am. by No. 63, 2002); No. 61, 2007 |
|
|
ad. No. 61, 2007 |
|
|
am. No. 61, 2007 |
|
|
Subdivision D |
|
|
Ss. 160, 161........................ |
rep. No. 97, 1998 |
|
ad. No. 125, 2007 |
|
|
ad. No. 61, 2007 |
|
|
am. No. 61, 2007 |
|
|
S. 165.................................. |
rep. No. 97, 1998 |
|
Subdiv. E of Div. 5 of Part 6............................... |
rep. No. 97, 1998 |
|
Ss. 166-168........................ |
rep. No. 97, 1998 |
|
Subdivision F |
|
|
Subhead. to s. 169(1)........ |
am. No. 97, 1998 |
|
Subhead. to s. 169(2)........ |
rs. No. 125, 2007 |
|
am. No. 97, 1998; No. 125, 2007 |
|
|
Division 6 |
|
|
am. No. 24, 2001; No. 83, 2009 |
|
|
S. 175.................................. |
rep. No. 24, 2001 |
|
am. No. 97, 1998; No. 24, 2001; No. 61, 2007; No. 83, 2009 |
|
|
am. No. 97, 1998; No. 83, 2009 |
|
|
Division 7 |
|
|
am. No. 97, 1998 |
|
|
am. No. 97, 1998 |
|
|
rs. No. 97, 1998 |
|
|
|
am. No. 83, 2009 |
|
S. 183.................................. |
rs. No. 97, 1998 |
|
|
am. No. 146, 1999; No. 61, 2007 |
|
|
rep. No. 83, 2009 |
|
Part 7 |
|
|
am. No. 97, 1998 |
|
|
am. No. 97, 1998; No. 125, 2007 |
|
|
am. No. 62, 2004 |
|
|
am. No. 97, 1998 |
|
|
rs. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
rs. No. 97, 1998 |
|
|
|
am. Nos. 61 and 125, 2007 |
|
ad. No. 97, 1998 |
|
|
|
am. Nos. 61 and 125, 2007 |
|
Note to s. 190A(1).............. |
am. No. 61, 2007 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 97, 1998; No. 125, 2007 |
|
Note to s. 190C(4)(a)......... |
ad. No. 97, 1998 |
|
|
am. No. 125, 2007 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 61, 2007 |
|
|
rs. No. 125, 2007 |
|
ad. No. 125, 2007 |
|
|
am. No. 97, 1998 |
|
|
Part 8 |
|
|
am. No. 97, 1998 |
|
|
am. No. 97, 1998; No. 125, 2006; No. 125, 2007 |
|
|
am. No. 62, 2004 |
|
|
S. 196.................................. |
rep. No. 97, 1998 |
|
rs. No. 125, 2007 |
|
|
am. No. 125, 2007 |
|
|
Part 8A |
|
|
Part 8A................................ |
ad. No. 97, 1998 |
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 97, 1998; No. 125, 2007 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 62, 2004 |
|
ad. No. 97, 1998 |
|
|
Part 9 |
|
|
am. No. 97, 1998 |
|
|
Part 10................................ |
rep. No. 20, 1995 |
|
S. 201.................................. |
rep. No. 20, 1995 |
|
Part 11 |
|
|
Division 1 |
|
|
Div. 1 of Part 11................. |
ad. No. 97, 1998 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 97, 1998; No. 32, 2005; Nos. 61 and 125, 2007; No. 83, 2009 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2006; No. 61, 2007; No. 83, 2009 |
|
S. 201C............................... |
ad. No. 61, 2007 |
|
|
rep. No. 83, 2009 |
|
Heading to Div. 1A of........ |
ad. No. 97, 1998 rep. No. 97, 1998 |
|
Div. 1A of Part 11............... |
rep. No. 97, 1998 |
|
S. 202.................................. |
am. No. 97, 1998 |
|
|
rep. No. 97, 1998 |
|
S. 202A............................... |
ad. No. 97, 1998 |
|
|
rep. No. 97, 1998 |
|
Subhead. to s. 203(3)........ |
am. No. 97, 1998 |
|
|
rep. No. 97, 1998 |
|
S. 203.................................. |
am. No. 97, 1998 |
|
|
rep. No. 97, 1998 |
|
Division 2 |
|
|
Div. 2 of Part 11................. |
ad. No. 97, 1998 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 61, 2007; No. 83, 2009 |
|
ad. No. 97, 1998 |
|
|
|
rs. No. 61, 2007; No. 83, 2009 |
|
ad. No. 83, 2009 |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 61, 2007; No. 83, 2009 |
|
ad. No. 97, 1998 |
|
|
|
am. Nos. 61 and 125, 2007; No. 83, 2009 |
|
ad. No. 97, 1998 |
|
|
|
rs. No. 61, 2007; No. 83, 2009 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 32, 2005; No. 61, 2007 |
|
|
rs. No. 83, 2009 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 32, 2005; No. 61, 2007; No. 83, 2009 |
|
Subhead. to s. 203AI(1)..... |
rep. No. 83, 2009 |
|
Subhead. to s. 203AI(3)..... |
rep. No. 83, 2009 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 97, 1998; No. 61, 2007; No. 83, 2009 |
|
Note to s. 203AI(3)............. |
rep. No. 97, 1998 |
|
Division 3 |
|
|
Div. 3 of Part 11................. |
ad. No. 97, 1998 |
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 83, 2009 |
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 61, 2007 |
|
ad. No. 97, 1998 |
|
|
ad. No. 97, 1998 |
|
|
|
am. No. 125, 2007 |
|
Division 4 |
|
|
Div. 4 of Part 11................. |
ad. No. 97, 1998 |
|
Heading to s. 203C........... |
am. No. 32, 2005 |
|
Subhead. to s. 203C(1)..... |
am. No. 32, 2005 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 32, 2005 |
|
Heading to s. 203CA......... |
rs. No. 32, 2005 |
|
Subhead. to s. 203CA(1)... |
am. No. 32, 2005 |
|
Subhead. to s. 203CA(1B). |
am. No. 32, 2005 |
|
Subhead. to s. 203CA(3)... |
am. No. 32, 2005 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 32, 2005; No. 61, 2007 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 30, 2006; No. 125, 2007 |
|
Division 5 |
|
|
Div. 5 of Part 11................. |
ad. No. 97, 1998 |
|
S. 203D............................... |
ad. No. 97, 1998 |
|
|
am. No. 32, 2005 |
|
|
rep. No. 61, 2007 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 61, 2007 |
|
ad. No. 97, 1998 |
|
|
S. 203DC............................ |
ad. No. 97, 1998 |
|
|
am. No. 32, 2005 |
|
|
rep. No. 61, 2007 |
|
Ss. 203DD, 203DE............. |
ad. No. 97, 1998 |
|
|
rep. No. 61, 2007 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 137, 2000; No. 61, 2007 |
|
Note to s. 203DF(1)........... |
rs. No. 32, 2005 |
|
Subhead. to s. 203DG(7).. |
am. No. 24, 2001 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 24, 2001 |
|
ad. No. 97, 1998 |
|
|
|
am. No. 61, 2007 |
|
Division 6 |
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Div. 6 of Part 11................. |
ad. No. 97, 1998 |
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rs. No. 125, 2007 |
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ad. No. 97, 1998 |
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rs. No. 125, 2007 |
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ad. No. 97, 1998 |
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rs. No. 125, 2007 |
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Division 7 |
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Div. 7 of Part 11................. |
ad. No. 97, 1998 |
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Heading to s. 203F............ |
am. No. 32, 2005 |
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ad. No. 97, 1998 |
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am. No. 32, 2005; No. 61, 2007 |
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Note to s. 203F.................. |
rs. No. 32, 2005 |
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S. 203FA............................. |
ad. No. 97, 1998 |
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rep. No. 32, 2005 |
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Subhead. to s. 203FB(7)... |
am. No. 32, 2005 |
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rep. No. 125, 2007 |
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ad. No. 97, 1998 |
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am. No. 32, 2005; No. 61, 2007 |
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rs. No. 125, 2007 |
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Ss. 203FBA, 203FBB.......... |
ad. No. 125, 2007 |
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ad. No. 97, 1998 |
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am. Nos. 61 and 125, 2007; No. 83, 2009 |
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ad. No. 97, 1998 |
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ad. No. 97, 1998 |
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Heading to s. 203FE......... |
rs. No. 32, 2005 |
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Subhead. to s. 203FE(1)... |
am. No. 32, 2005 |
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rs. No. 61, 2007 |
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Subheads. to s. 203FE(2), |
am. No. 32, 2005 |
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Subheads. to s. 203FE(4), |
am. No. 32, 2005 |
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ad. No. 97, 1998 |
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am. No. 32, 2005; Nos. 61 and 125, 2007 |
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Ss. 203FEA-203FED......... |
ad. No. 61, 2007 |
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ad. No. 97, 1998 |
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am. No. 61, 2007 |
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ad. No. 97, 1998 |
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am. No. 32, 2005 |
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ad. No. 97, 1998 |
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ad. No. 32, 2005 |
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am. No. 61, 2007; No. 125, 2007 (as am. by No. 33, 2010) |
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Note 1 to s. 203FI.............. |
am. No. 46, 2011 |
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Heading to Part 12............ |
rs. No. 20, 1995; No. 8, 2005 |
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rep. No. 5, 2011 |
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Part 12................................ |
rep. No. 5, 2011 |
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am. No. 20, 1995; No. 8, 2005 |
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rep. No. 5, 2011 |
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rep. No. 5, 2011 |
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am. No. 20, 1995; No. 97, 1998; Nos. 8, 32 and 100, 2005; No. 30, 2006 |
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rep. No. 5, 2011 |
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am. No. 97, 1998; No. 13, 2004 |
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rep. No. 5, 2011 |
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Part 12A |
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Part 12A.............................. |
ad. No. 97, 1998 |
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S. 207A .............................. |
am. No. 125, 2007 |
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ad. No. 97, 1998 |
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am. No. 125, 2007; No. 83, 2009 |
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Part 13 |
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am. No. 70, 2009 |
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am. No. 97, 1998 |
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Note to s. 211(2)................ |
ad. No. 97, 1998 |
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Subhead. to s. 212(3)........ |
am. No. 97, 1998 |
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am. No. 97, 1998 |
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ad. No. 83, 2009 |
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rs. No. 97, 1998 |
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am. No. 97, 1998 |
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rep. No. 125, 2007 |
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ad. No. 83, 2009 |
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am. No. 97, 1998 |
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Part 15 |
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Division 1 |
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am. No. 60, 1996; No. 97, 1998; No. 125, 2006; Nos. 61 and 125, 2007; No. 144, 2010; No. 58, 2011 |
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Division 2 |
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am. No. 97, 1998 |
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Note to s. 223(3)................ |
am. No. 125, 2007 |
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rs. No. 97, 1998 |
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am. No. 97, 1998 |
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ad. No. 97, 1998 |
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am. No. 97, 1998 |
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Ss. 234-236........................ |
rep. No. 97, 1998 |
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am. No. 97, 1998 |
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ad. No. 97, 1998 |
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am. No. 97, 1998 |
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Division 3 |
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am. No. 125, 2007 |
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am. No. 97, 1998 |
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ad. No. 97, 1998 |
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ad. No. 97, 1998 |
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ad. No. 97, 1998 |
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Division 4 |
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S. 251.................................. |
am. No. 97,
1998 |
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ad. No. 97, 1998 |
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ad. No. 97, 1998 |
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am. No. 125, 2007 (as am. by No. 8, 2010) |
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ad. No. 97, 1998 |
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am. No. 125, 2007 |
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am. No. 60, 1996; No. 97, 1998; No. 125, 2006; Nos. 61 and 125, 2007; No. 83, 2009; No. 144, 2010; No. 58, 2011 |
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Note 2 to s. 253.................. |
ad. No. 97, 1998 |
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Schedule 1 |
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Schedule 1......................... |
ad. No. 97, 1998 |
Table A
Application, saving or transitional provisions
Native Title Amendment Act 1998 (No. 97, 1998)
Schedule 5
Part 1--Contents of this Schedule
1 Contents
(1) This Schedule contains application and transitional provisions in relation to amendments made by this Act about:
(a) future acts (see Part 2); and
(b) native title determination applications etc. (see Parts 3 and 4); and
(c) various other matters (see Part 5).
(2) This Schedule also:
(a) deals with the effect of the failure to table a particular determination made under the old Act (see Part 6); and
(b) ensures that there will be compensation for the effect of this Act (see Part 7); and
(c) provides for the making of regulations for the purposes of this Act (see Part 8); and
(d) defines terms used in this Schedule (see Part 9).
Part 2--Application of future act amendments
2 Application
Subject to this Schedule:
(a) the repeal of Division 3 of Part 2 of the old Act; and
(b) the insertion of Subdivisions A to P of Division 3 of Part 2 of the new Act; and
(c) any related amendments of the new Act;
by this Act apply to future acts taking place after the commencement of this Act.
3 Transitional--certain modified Subdivisions of Division 3 of Part 2 to have effect in period from 23.12.96 until commencement
The old Act applies to future acts taking place after 23 December 1996 but before the commencement of this Act as if:
(a) Subdivisions G to K of Division 3 of Part 2 of the new Act (disregarding paragraph 24GE(1)(f)), and any related provisions of the new Act, were included in the old Act; and
(b) acts to which those Subdivisions apply were permissible future acts.
4 Transitional--old Act section 29 notices etc.
Old Act section 29 notices--section 28 satisfied or arbitral body application
(1) If, before the commencement of the new "right to negotiate" provisions:
(a) a notice was given in relation to a future act under section 29 of the old Act; and
(b) apart from this subitem, the new "right to negotiate" provisions would apply in relation to the future act after the commencement of this Act; and
(c) either:
(i) the requirements of any of paragraphs 28(1)(a) to (f) of the old Act were satisfied; or
(ii) an application was made under section 35 of the old Act to an arbitral body and had not been withdrawn;
then, after the commencement of this Act, the old "right to negotiate" provisions continue to apply, despite the amendments made by this Act, in relation to the future act.
Old Act section 29 notices--old Act native title parties
(2) If:
(a) a notice under section 29 of the old Act was given in relation to a future act at least 2 months before the commencement of the new "right to negotiate" provisions; and
(b) apart from this subitem, the new "right to negotiate" provisions would apply in relation to the future act after the commencement of this Act; and
(c) subitem (1) does not apply to the future act;
then, after the commencement of this Act, the new "right to negotiate" provisions apply in relation to the future act as if:
(d) the only persons who were native title parties were those who were native title parties under the old Act; and
(e) the requirements of section 29 of the new Act had been complied with.
Old Act section 29 notices--expedited procedure
(3) If:
(a) before the commencement of the new "right to negotiate" provisions:
(i) a notice under section 29 of the old Act was given in relation to a future act; and
(ii) the notice included a statement that the Government party considered the act to be an act attracting the expedited procedure; and
(iii) an objection was lodged under subsection 32(3) of the old Act against the inclusion of the statement; and
(b) by the time the new "right to negotiate" provisions commenced, no determination had been made under section 32(4) of the old Act in relation to the objection; and
(c) apart from this subitem, the new "right to negotiate" provisions would apply in relation to the future act after the commencement of this Act;
then, after the commencement of this Act:
(d) the old "right to negotiate" provisions continue to apply, despite the amendments made by this Act, for the purpose of making the determination; and
(e) if the determination is that the act is not an act attracting the expedited procedure, the new "right to negotiate" provisions apply in relation to the future act as if:
(i) the only persons who were native title parties were those who were native title parties under the old Act; and
(ii) the requirements of section 29 of the new Act had been complied with.
Saving of old Act agreements and arbitral determinations
(4) The amendments made by this Act do not affect any conditions in:
(a) an agreement of the kind mentioned in paragraph 31(1)(b) of the old Act; or
(b) a determination under section 38 of the old Act; or
(c) a declaration under section 42 of the old Act;
that was made before the commencement of this Act.
Part 3--Application of amendments relating to section 61 applications: proceedings relating to determinations
5 Table of situations and consequences
The table in item 6 sets out various situations that may exist in relation to an application that was given to the Native Title Registrar as mentioned in section 61 of the old Act, and certain consequences of the commencement of this Act.
6 Table
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Situation at the commencement of this Act |
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1 |
Application: (a) is being processed; or (b) is being reviewed by a court; or (c) has been accepted but the Registrar has not started giving notification. |
Application is taken to have been made to Federal Court. |
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2 |
Registrar has given, or is giving, notification but section 66 period not completed. |
Application is taken to have been made to Federal Court. Any notification is taken to be for that application and the same people are the parties. |
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3 |
Notification given by Registrar, section 66 period for the application is completed and application is not finalised. |
Application is taken to have been made to Federal Court. Any notification is taken to be for that application and the same people are the parties. If the application is not unopposed, item 7 or 8 applies in relation to mediation. If the application is a non-claimant application that is unopposed, item 9 applies in relation to section 24FA protection. |
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4 |
NNTT has made, or has purported to make, a determination under the old Act that there is no native title in relation to an area. The normal application and review period defined in subsection 167(10) of the old Act has finished, and case 3 does not apply. |
Native Title Registrar must remove any relevant entry from National Native Title Register. Any determination is taken not to have been an approved determination of native title. Any determination is taken never to have been registered under section 166 of the old Act. Item 10 applies in relation to section 24FA protection. A further native title determination application may be made. |
7 Case 3 in item 6--previously directed mediation conference
If:
(a) an application that was made to the Native Title Registrar under section 61 of the old Act is taken to have been made to the Federal Court; and
(b) at or before the commencement of this Act, the President has directed the holding of a conference of the parties or their representatives under subsection 72(1) of the old Act, in respect of the whole or a part of the proceeding; and
(c) the Tribunal has not made a determination under section 73 or 160 of the old Act; and
(d) the Native Title Registrar has not lodged the application with the Federal Court under section 74 of the old Act;
then, for the purposes of the new Act, the Federal Court is taken to have referred the proceeding, or the part of the proceeding, to mediation under section 86B of the new Act. The Court is taken to have made the referral at the commencement of this Act.
8 Case 3 in item 6--application already with Federal Court
If:
(a) an application that was made to the Native Title Registrar under section 61 of the old Act is taken to have been made to the Federal Court; and
(b) the Native Title Registrar has lodged the application with the Federal Court under section 74 of the old Act;
the Federal Court is taken to have made an order, under subsection 86C(1) of the new Act, that mediation cease in relation to the whole of the proceeding.
9 Case 3 in item 6--effect of section 24FA protection
If case 3 in the table in item 6 applies to a non-claimant application covering an area, the area:
(a) is taken to be subject to section 24FA protection (within the meaning of the new Act) unless and until:
(i) the area is covered by an entry in the National Native Title Register specifying that native title exists in relation to the area; or
(ii) the non-claimant application is withdrawn or dismissed; and
(b) is taken to have been subject to section 24FA protection (within the meaning of the new Act) at all times since the end of the period of 2 months worked out under section 66 of the old Act.
10 Case 4 in item 6--effect of section 24FA protection
If case 4 in the table in item 6 applies to an area, any part of the area:
(a) is taken to be subject to section 24FA protection (within the meaning of the new Act) unless and until that part of the area is covered by an entry in the National Native Title Register specifying that native title exists in relation to that part of the area; and
(b) is taken to have been subject to section 24FA protection (within the meaning of the new Act) at all times since the end of the period of 2 months worked out under section 66 of the old Act.
Part 4--Application of amendments relating to section 61 applications: registration of claims
11 Registration of claims
Pre-commencement registered claims covered
(1) This item sets out the consequences of the commencement of this Act in relation to a claim made in an application that was given to the Native Title Registrar as mentioned in section 61 of the old Act if, when this Act commenced, an entry recording details of the claim was on the Register of Native Title Claims.
Excluded case
(2) However, the item does not apply if, before this Act commenced, an approved determination of native title had been made in relation to the application.
Section 190A to be applied, with expedited consideration, to applications before 27 June 1996 where section 29 notice
(3) If:
(a) the application was made before 27 June 1996; and
(b) a notice is given under section 29 of the new Act, or a corresponding provision of a law of a State or Territory covered by a determination under subsection 43(1) of the new Act or old Act, in relation to an act affecting any of the land or waters covered by the claim; and
(c) no such notice has previously been given in relation to an act affecting any of the land or waters covered by the claim;
the Registrar must:
(d) consider the claim under section 190A of the new Act; and
(e) use his or her best endeavours to finish doing so by the end of 4 months after the notice is given.
If he or she does not do so by that time, he or she must consider the claim under that section as soon as reasonably practicable afterwards.
Section 190A to be applied within one year to applications before 27 June 1996 where freehold estate or non-mining lease
(4) If:
(a) the application was made before 27 June 1996; and
(b) at the commencement of this Act, any part of the area covered by the claim is covered by a freehold estate or a lease (other than a mining lease);
the Registrar must:
(c) consider the claim under section 190A of the new Act; and
(d) use his or her best endeavours to finish doing so by the end of one year after the commencement of this Act.
If he or she does not do so by that time, he or she must consider the claim under that section as soon as reasonably practicable afterwards.
Section 190A to be applied to applications made on or after 27 June 1996
(5) If the application was made on or after 27 June 1996, the Registrar must consider the claim under section 190A of the new Act as soon as reasonably practicable.
Expedited section 190A consideration where section 29 notice
(6) If:
(a) either before the Registrar begins to consider the claim in accordance with subitem (4) or (5) or while the Registrar is doing so, a notice is given under section 29 of the new Act, or a corresponding provision of a law of a State or Territory covered by a determination under subsection 43(1) of the new Act, in relation to an act affecting any of the land or waters covered by the claim; and
Note: Subitem 14(4) deems determinations under subsection 43(1) of the old Act to be made under subsection 43(1) of the new Act for post-commencement purposes.
(b) no such notice has previously been given in relation to an act affecting any of the land or waters covered by the claim;
the Registrar must use his or her best endeavours to finish considering the claim under section 190A of the new Act by the end of 4 months after the notice is given. If he or she does not do so by that time, he or she must consider the claim under that section as soon as reasonably practicable afterwards.
Order of consideration of claims affected by same section 29 notice
(7) If:
(a) a notice is given under section 29 of the new Act, or under a corresponding provision of a law of a State or Territory covered by a determination under subsection 43(1) of the new Act; and
(b) as a result of the giving of the notice, the Registrar is required by subitem (3) or (6), or by subitems (3) and (6), to consider 2 or more claims under section 190A of the new Act;
then the Registrar must consider the claims under that section in the order in which their details were entered on the Register of Native Title Claims.
Later information to be taken into account
(8) In considering a claim in accordance with subitems (3) to (7), the Registrar must:
(a) in addition to having regard to information in accordance with subsection 190A(3) of the new Act, also have regard to any information provided by the applicant after the application was made; and
(b) apply section 190A of the new Act as if the conditions in sections 190B and 190C requiring that the application:
(i) contain or be accompanied by certain information or other things; or
(ii) be certified or have other things done in relation to it;
also allowed the information or other things to be provided, or the certification or other things to be done, by the applicant or another person after the application is made; and
(c) for the purposes of paragraphs (a) and (b) of this subitem, advise the applicant that the Registrar is considering the claim, and allow the applicant a reasonable opportunity to provide any further information or other things, or to have any things done, in relation to the application.
Removal of claim from Register if it fails test in section 190A of the new Act
(9) If the claim does not satisfy all of the conditions in sections 190B and 190C of the new Act:
(a) the Registrar must remove the details of the claim from the Register and give written notice as required by subsection 190D(1); and
(b) the other provisions of sections 190A to 190D apply as if the notice mentioned in paragraph (a) were given under subsection 190D(1); and
(c) after the Registrar has complied with subitems (3) to (8) and this subitem (in so far as they are applicable), he or she is taken to have complied with section 190A.
Removal of claim from Register if it fails new State/Territory test
(10) If:
(a) a law of a State or Territory that deals with notifying the Registrar of claims for the purposes of paragraph 190(1)(c) of the old Act is amended so as to impose conditions for registration of claims equivalent to those set out in sections 190B and 190C of the new Act; and
(b) a recognised State/Territory body of the State or Territory notifies the Registrar that a specified claim, of which details are on the Register when the amendment commences, does not satisfy the new conditions in the law of the State or Territory;
the Registrar must remove the details of the claim from the Register.
Consequences of removal of claim--pre-27 June 1996 cases
(11) If:
(a) the application was made before 27 June 1996; and
(b) under subitem (9) or (10), the Registrar removes the details of the claim from the Register;
then the new "right to negotiate" provisions (including as modified by Part 2 of this Schedule) or the old "right to negotiate" provisions, as the case requires, apply in relation to any act of which notice was given under section 29 of the old Act, or a provision of a law of a State or Territory that is equivalent to that section, as if the details of the claim had not been removed from the Register.
Consequences of removal of claim--27 June 1996 and later cases
(12) If:
(a) the application was made on or after 27 June 1996; and
(b) under subitem (9) or (10), the Registrar removes the details of the claim from the Register;
then the new "right to negotiate" provisions (including as modified by Part 2 of this Schedule) or the old "right to negotiate" provisions, as the case requires, apply in relation to:
(c) any act of which notice was given under section 29 of the old Act, or a provision of a law of a State or Territory that is equivalent to that section; and
(d) any act of which notice was given under section 29 of the new Act, or a provision of a law of a State or Territory that is equivalent to that section, before the removal of the details;
as if the details had never been entered in the Register.
Agreements and determinations are not affected
(13) Despite subitem (12), if:
(a) an agreement of the kind mentioned in paragraph 31(1)(b) of the new Act or of the old Act; or
(b) a determination under section 36A or 38 of the new Act or under section 38 of the old Act; or
(c) a declaration under section 42 of the new Act or of the old Act;
was made in relation to any of the acts mentioned in that subitem before the removal of details relating to the claim, the agreement, determination or declaration remains in effect after the removal of the details as if the subitem had not been enacted.
Note: This item is subject to any regulations that may be made under subsection 43(4) or 43A(11) of the new Act.
Part 5--Various application and transitional provisions
12 Transitional--State and Territory validation legislation
If a law of a State or Territory made before the commencement of this Act contained provisions to the same effect as sections 15 and 16 of the old Act, the provisions continue to have that effect despite the amendments made by this Act.
13 Transitional--former section 21 agreements
The repeal of section 21 of the old Act by this Act does not apply to any agreement covered by that section that was made before the commencement of this Act.
14 Transitional--determinations, approvals, regulations etc.
(1) Any determination made under paragraph 23(7)(c) of the old Act that is in force immediately before the commencement of this Act has effect after the commencement of this Act as if:
(a) it were a determination made under each of subsections 24MD(7) and 24NA(9) of the new Act; and
(b) it applied to the notification of registered native title claimants in relation to land or waters in the area concerned in the same way as it applied to notification of representative Aboriginal/Torres Strait Islander bodies for that area.
(2) Any approval of an act under paragraph 26(2)(e) of the old Act that is in force immediately before the commencement of this Act has effect after the commencement of this Act as if it were an approval under subparagraph 26(1)(c)(iv) of the new Act.
(3) If a determination of an act under paragraph 26(3)(b) of the old Act was in force immediately before the commencement of this Act, the new "right to negotiate" provisions do not apply to the act, until such time as the determination is revoked, by legislative instrument, by the Commonwealth Minister.
(4) Any determination made under subsection 43(1) of the old Act that is in force immediately before the commencement of this Act has effect after the commencement of this Act as if it were made under subsection 43(1) of the new Act.
(5) Any regulations made for the purposes of subsection 61(2) or 62(2) of the old Act that are in force immediately before the commencement of this Act have effect after the commencement of this Act as if they were made for the purposes of subsection 61(5) of the new Act.
(6) Any regulations made for the purposes of subsection 75(2) or section 76 of the old Act that are in force immediately before the commencement of this Act have effect after the commencement of this Act as if they were made for the purposes of section 76 of the new Act.
(7) The repeal of subsection 183(5) of the old Act by this Act does not apply to any delegation made under that subsection before the commencement of this Act.
(8) Any determination made under subsection 251(1) of the old Act has effect after the commencement of this Act as if it were made under subsection 207A(1) of the new Act.
(9) Any determination made under subsection 252(1) of the old Act for the purposes of subsection 29(3) or paragraph 66(2)(b) of the old Act that is in force immediately before the commencement of this Act has effect after the commencement of this Act as if it were a determination made for the purposes of subsection 29(3) or paragraph 66(3)(d), respectively, of the new Act.
15 Transitional--section 26D of new Act
Section 26D of the new Act has effect, in addition to its effect apart from this item, as if the reference in subparagraph 26D(1)(b)(ii) to "this Subdivision" included a reference to Subdivision B of Division 3 of Part 2 of the old Act.
16 Transitional--statutory access rights
If, at any time before the commencement of Subdivision Q of Division 3 of Part 2 of the new Act, an entry was made on the Register of Native Title Claims, then, for the purposes of that Subdivision, the persons who claimed to hold the native title concerned, and any others with whom those persons claimed to hold the native title, are taken to be persons included in the native title claim group in relation to the claim, for so long as the entry is on the Register.
17 Application of sections 24GC and 44H
(1) Section 24GC of the new Act applies to activities done at any time, whether before or after the commencement of that section.
(2) Section 44H of the new Act applies to the grant, issue or creation of a lease, licence, permit or authority at any time, whether before or after the commencement of that section.
18 Application of compensation limitation provision
Section 51A of the new Act applies if the entitlement to the compensation concerned arose either before or after the commencement of that section.
19 Application of consolidation provision
Section 67 of the new Act applies to applications made either before or after the commencement of that section.
20 Application of native title determination provision
Section 68 of the new Act applies:
(a) whether the first-mentioned native title determination in that section is made before or after the commencement of that section; and
(b) whether the application that results in the second-mentioned determination in that section is made before or after the commencement of that section.
21 Application of strike-out provision
Section 84C of the new Act applies where the main application mentioned in that section was made either before or after the commencement of that section. If the main application was made before the commencement, the reference in that section to section 61 or section 62 is a reference to section 61 or section 62 of the old Act.
22 Application of mediation provisions
Division 1A of Part 4, and any related provisions, of the new Act apply in relation to applications made either before or after the commencement of that Division or those provisions.
23 Transitional--assistance to native title claimants
Despite subsection 183(6) of the new Act, if:
(a) before the commencement of that subsection, the Attorney-General authorised the provision of assistance under section 183 of the old Act to a person claiming to hold native title to an area; and
(b) after the commencement of that subsection, the person applies under that section for the provision of further assistance in respect of the same claim;
section 183 of the new Act has effect in relation to the application as if subsection 183(6) were omitted.
24 Application of native title determination provision
The repeal of section 225 of the old Act and insertion of section 225 in the new Act by this Act apply to all determinations made after the commencement of this Act, regardless of when any native title determination application (if relevant) was made.
25 Transitional--definition of registered native title claimant
For the purposes of the definition of registered native title claimant in the new Act, if, at the commencement of this Act, an entry relating to a claim is on the Register of Native Title Claims (other than an entry that had been amended under subsection 190(2) of the old Act to include details of a decision or determination), then, for so long as the entry remains on the Register, the person whose name appears in the entry as the person who is taken to be the claimant in relation to the claim is taken to be a person whose name appears in the entry as the applicant in relation to the claim.
Part 6--Validation of certain acts
26 Validation of acts etc.
(1) In this item:
amending determination means the determination made under the old Act on 12 December 1995 that purported to amend the original determination.
original determination means the determination made under the old Act on 24 December 1993 that, according to the determination, may be cited as Native Title (Notices) Determination No. 1 of 1993.
(2) If:
(a) before or after the commencement of this item, anything was or is done, or not done, in reliance or purported reliance on a notification or giving of notice; and
(b) the notification or giving of notice took place in the way set out in:
(i) the original determination; or
(ii) the original determination as amended by the amending determination;
then the doing of the thing, or failure to do the thing, is not ineffective, and is taken never to have been ineffective, for the purposes of the Native Title Act 1993 merely because the original determination was not laid before each House of the Parliament within 15 sitting days of that House after its meeting.
Note: Under section 214 of the Native Title Act 1993, as in force at the time the original determination was made, the original determination was a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901, as in force at that time, which meant that it was required under that Act, as then in force, to be tabled.
Part 7--Compensation etc.
27 Entitlement to "just terms" compensation
(1) If, apart from this item, the application of any of the provisions of this Act in any particular case would result in a paragraph 51(xxxi) acquisition of property of a person other than on paragraph 51(xxxi) just terms, the person is entitled to such compensation, or compensation in addition to any otherwise provided by the Native Title Act 1993, from:
(a) if the compensation is in respect of a future act attributable to a State or a Territory--the State or Territory; or
(b) in any other case--the Commonwealth;
as is necessary to ensure that the acquisition is made on paragraph 51(xxxi) just terms.
Federal Court's jurisdiction
(2) The Federal Court has jurisdiction with respect to matters arising under subitem (1) and that jurisdiction is exclusive of the jurisdiction of all other courts except the High Court.
Part 8--Regulations
28 Regulations
(1) The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) In particular, regulations may be made for transitional measures in relation to the transition from the old Act to the new Act.
Part 9 --Interpretation
29 Contents of this Part
This Part defines terms used in this Schedule.
30 Meaning of commencement of this Act
The commencement of this Act is the time when this item commences.
31 Meaning of new Act and old Act
(1) The new Act is the Native Title Act 1993, as amended at the commencement of this Act.
(2) The old Act is the Native Title Act 1993, as in force immediately before the commencement of this Act (including as it applies in accordance with item 3).
32 Meaning of new "right to negotiate" provisions and old "right to negotiate" provisions
(1) The new "right to negotiate" provisions are the provisions in Subdivision P of Division 3 of Part 2 of the new Act.
(2) The old "right to negotiate" provisions are the provisions in Subdivision B of Division 3 of Part 2 of the old Act.
33 Meaning of application is being processed
(1) An application is being processed if:
(a) the application has been given to the Native Title Registrar under subsection 61(1) of the old Act; and
(b) the application is still being reviewed by the Registrar (see subitem (2)) or a presidential member (see subitem (3)).
(2) An application is being reviewed by the Registrar if:
(a) the Registrar has not yet completed consideration of the application; or
(b) the Registrar has completed consideration of the application and:
(i) has formed an opinion mentioned in paragraph 63(1)(a) or (1)(b) or subsection 64(1) of the old Act; but
(ii) has not referred the application to a presidential member under subsection 63(2) or 64(1) of the old Act.
(3) An application is being reviewed by a presidential member if:
(a) the Registrar has referred the application to a presidential member under subsection 63(2) or 64(1) of the old Act; and
(b) the presidential member has not completed consideration of the application.
34 Meaning of application is being reviewed by a court
An application is being reviewed by a court if:
(a) the presidential member has made a direction under paragraph 63(3)(c) or 64(2)(c) of the old Act; and
(b) either:
(i) the direction is the subject of a proceeding under the old Act before a court; or
(ii) the period during which an application for some form of review of the direction, or of a decision made on review of the direction, may be made has not yet finished.
35 Meaning of application has been accepted
An application has been accepted if it has been accepted under section 63 or 64 of the old Act.
36 Meaning of application is taken to have been made to Federal Court
If an application is taken to have been made to the Federal Court:
(a) the application is to be treated as if it were made to the Federal Court under the relevant provisions of the new Act; and
(b) the Native Title Registrar must give the application to the Federal Court, but section 63 of the new Act does not apply in relation to the application.
37 Meaning of Registrar is giving notification
The Registrar is giving notification if he or she has given notice of the application to a person whose interests may be affected by a determination but has not given, and is not taken to have given, notice to all such persons.
38 Meaning of Registrar has given notification
The Registrar has given notification if he or she has given, or is taken to have given, notice of the application to all persons whose interests may be affected by a determination in relation to the application, under section 66 of the old Act.
39 Meaning of section 66 period
The section 66 period, for an application, means the period of 2 months worked out under section 66 of the old Act in relation to the application.
40 Meaning of notification is taken to be for that application
If, in relation to an application, notification is taken to be for that application, the notification is to be treated as if it were notice of the application given, or taken to have been given, under section 66 of the new Act, that contained details of the application.
41 Meaning of unopposed
An application is unopposed if the application is unopposed for the purposes of section 70 of the old Act.
42 Meaning of not finalised
An application is not finalised if:
(a) the application is the subject of a proceeding before the NNTT, the Federal Court or the High Court; or
(b) a determination has been made in respect of the application but the normal application and review period defined in subsection 167(10) of the old Act has not finished.
43 Meaning of same people are the parties
If the same people are the parties:
(a) any people who were parties to the application that was made to the Registrar under section 61 of the old Act are taken to be the parties to the application that is taken to have been made to the Federal Court under the relevant provisions of the new Act; and
(b) a person who notifies the Registrar under paragraph 68(2)(b) of the old Act, after the commencement of the new Act but within the period of 2 months worked out under section 66 of the old Act, is also a party.
Note: Other people may also become parties (see section 84 of the new Act).
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)
Schedule 2
418 Transitional--pre-commencement offences
(1) Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:
(a) an offence committed before the commencement of this item; or
(b) proceedings for an offence alleged to have been committed before the commencement of this item; or
(c) any matter connected with, or arising out of, such proceedings;
as if the amendment or repeal had not been made.
(2) Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.
419 Transitional--pre-commencement notices
If:
(a) a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and
(b) any or all of those other provisions are repealed by this Schedule; and
(c) the first-mentioned provision is amended by this Schedule;
the amendment of the first-mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (No. 24, 2001)
(1) Subject to subsection (3), each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.
Abolition of Compulsory Age
Retirement (Statutory Officeholders) Act 2001
(No. 159,
2001)
Schedule 1
97 Application of amendments
The amendments made by this Schedule do not apply to an appointment if the term of the appointment began before the commencement of this item.
Financial Framework Legislation Amendment Act 2005 (No. 8, 2005)
4 Saving of matters in Part 2 of Schedule 1
(1) If:
(a) a decision or action is taken or another thing is made, given or done; and
(b) the thing is taken, made, given or done under a provision of a Part 2 Act that had effect immediately before the commencement of this Act;
then the thing has the corresponding effect, for the purposes of the Part 2 Act as amended by this Act, as if it had been taken, made, given or done under the Part 2 Act as so amended.
(2) In this section:
Part 2 Act means an Act that is amended by an item in Part 2 of Schedule 1.
Schedule 1
496 Saving provision--Finance Minister's determinations
If a determination under subsection 20(1) of the Financial Management and Accountability Act 1997 is in force immediately before the commencement of this item, the determination continues in force as if it were made under subsection 20(1) of that Act as amended by this Act.
Aboriginal and Torres Strait Islander Commission
Amendment Act 2005
(No. 32,
2005)
Schedule 4
40 Transitional provision
Subsection 203CA(1A) of the Native Title Act 1993 as amended by this Act applies in relation to the repayment, on or after the day Schedules 1 and 2 to this Act commence, of a part of a grant made to a representative body before that day as if:
(a) the amendment of that subsection made by this Act had been in force at the time the grant was made; and
(b) the grant had been made on behalf of the Commonwealth.
44 Transitional provision
Subsection 203CA(1B) of the Native Title Act 1993 as amended by this Act applies in relation to the repayment, on or after the day Schedules 1 and 2 to this Act commence, of a part of a grant made to a representative body before that day as if:
(a) the amendment of that subsection made by this Act had been in force at the time the grant was made; and
(b) the grant had been made on behalf of the Commonwealth.
48 Saving provision
Despite the repeal of subsection 203CA(4) of the Native Title Act 1993 by this Act, sections 20, 21 and 21A of the Aboriginal and Torres Strait Islander Commission Act 1989 (the ATSIC Act) as in force before the day Schedules 1 and 2 to this Act commence continue to apply on and after that day in relation to any grants to representative bodies made under Division 4 of Part 11 of the Native Title Act 1993 as if:
(a) the grants had been made on behalf of the Commonwealth; and
(b) the grants had been made under section 14 of the ATSIC Act as in force before that day; and
(c) references to the Commission in sections 20, 21 and 21A of the ATSIC Act as in force before that day were references to the Commonwealth.
64 Transitional provision--Secretary to complete applications for review of assistance decisions
If:
(a) before the day Schedules 1 and 2 to this Act commence, an Aboriginal person or Torres Strait Islander has applied to ATSIC for review of a decision of a representative body not to assist the person; and
(b) that review has not been completed before that day;
section 203FB of the Native Title Act 1993 as amended by this Act applies in relation to that application to review, as if that section as so amended had been force at the time when the application was made and the application had been made to the Secretary.
75 Saving provision
Despite the repeal of subsection 203FE(7) of the Native Title Act 1993 by this Act, sections 20, 21 and 21A of the Aboriginal and Torres Strait Islander Commission Act 1989 (the ATSIC Act) as in force before the day Schedules 1 and 2 to this Act commence continue to apply on and after that day in relation to any funding by way of grant made before that day under section 203FE of the Native Title Act 1993 as if:
(a) the grants had been made on behalf of the Commonwealth; and
(b) the grants had been made under section 14 of the ATSIC Act as in force before that day; and
(c) references to the Commission in sections 20, 21 and 21A of the ATSIC Act as in force before that day were references to the Commonwealth.
Financial Framework Legislation Amendment Act (No. 1) 2006 (No. 30, 2006)
Schedule 3
11 Transitional
If, just before the commencement of this Part, an approval by the Treasurer was in force under paragraph 203CB(2)(d) of the Native Title Act 1993 as then in force, that approval has effect after the commencement of this Part as if it had been given under that paragraph of that Act as amended by this Part.
Native Title Amendment Act 2007 (No. 61, 2007)
Schedule 1
48 Definition
In this Part:
commencing day means the day on which this Schedule commences.
49 Amendment made by item 7
The amendment made by item 7 applies to an invitation made on or after the commencing day.
50 Amendment made by item 12
The amendment made by item 12 applies to the recognition of an eligible body as a representative body for an area where the instrument of recognition is made on or after the commencing day.
51 Amendment made by item 13
The amendment made by item 13 applies to the recognition of an eligible body as a representative body for an area where that recognition takes effect on or after the commencing day.
52 Amendment made by item 18
The amendment made by item 18 applies to an extension of the area for which a body is the representative body where the instrument extending the area is made on or after the commencing day.
53 Amendment made by item 19
The amendment made by item 19 applies to a variation of areas where the instrument varying the areas is made on or after the commencing day.
54 Amendments made by items 20, 21 and 22
The amendments made by items 20, 21 and 22 apply to a reduction of the area for which a body is the representative body where the instrument reducing the area is made on or after the commencing day.
55 Amendment made by item 23
The amendment made by item 23 applies to the withdrawal of the recognition of a body as the representative body for an area where the instrument withdrawing the recognition of the body is made on or after the commencing day.
56 Amendments made by items 24, 25 and 26
The amendments made by items 24, 25 and 26 apply to the withdrawal of the recognition of a body as the representative body for an area where the instrument withdrawing the recognition of the body is made on or after the commencing day.
57 Amendment made by item 27
The amendment made by item 27 applies to the recognition of a body as the representative body for an area, the extension, variation or reduction of the area in respect of which a body is recognised, and the withdrawal of the recognition of a body, where the relevant instrument is made on or after the commencing day.
58 Amendment made by item 29
The amendment made by item 29 applies in relation to funds provided to a representative body under Division 4 of Part 11 of the Native Title Act 1993 on or after the commencing day.
59 Amendments made by items 33 and 34
The amendments made by items 33 and 34 apply in relation to financial years beginning on or after 1 July 2006.
60 Amendments made by items 42 and 43
The amendments made by items 42 and 43 apply to funding made available to a person or body on or after the commencing day.
61 Amendment made by item 44
The amendment made by item 44 applies to funds provided to a person or body under section 203FE of the Native Title Act 1993 on or after the commencing day.
62 Amendment made by item 45
The amendment made by item 45 applies to funding made available to a person or body under section 203FE of the Native Title Act 1993 on or after the commencing day.
Schedule 2
76 Definitions
In this Part:
commencing day means the day on which this Schedule commences.
77 Application--item 2
The amendment made by item 2 of this Schedule applies to an application under section 61 of the Native Title Act 1993, regardless of whether it is made before or after the commencing day.
78 Application--items 3 to 5
The amendments made by items 3 to 5 of this Schedule apply in relation to a proceeding that commences on or after the commencing day.
79 Application of changes to Division 1B of Part 4 of the Native Title Act 1993
The amendments made by items 8 to 17, 19 and 21 to 30 of this Schedule apply in relation to a proceeding that commences on or after the commencing day.
80 Transitional provisions relating to those changes
(1) This item applies to a proceeding in relation to an application under section 61 of the Native Title Act 1993 that is made but not determined before the commencing day.
(2) If the proceeding, or a part of the proceeding, is to be referred for mediation on or after the commencing day, section 86B of the Native Title Act 1993, as amended by items 8 to 17 and 19 of this Schedule, must be complied with.
(3) If:
(a) before the commencing day, the Federal Court referred the whole or a part of the proceeding to the NNTT for mediation under section 86B of the Native Title Act 1993; and
(b) the mediation by the NNTT has not ceased before the commencing day; and
(c) before the commencing day, the Federal Court has also referred the whole or that part of the proceeding for mediation under the Federal Court Act 1976; and
(d) that mediation has not ceased before the commencing day;
the Federal Court must, within 6 months after the commencing day, either order that:
(e) the mediation by the NNTT is to cease in relation to the proceeding, or that part of the proceeding; or
(f) the mediation under the Federal Court Act 1976 is to cease in relation to the proceeding, or that part of the proceeding.
(4) The Federal Court has jurisdiction to make an order under subitem (3).
(5) The amendments made by items 21 to 30 of this Schedule, apply in relation to the proceeding, or a part of the proceeding, if:
(a) the proceeding, or the part of the proceeding, has been referred for mediation under section 86B of the Native Title Act 1993 (whether before or after the commencing day); and
(b) no order has been made under section 86C of the Native Title Act 1993 before the commencing day that the mediation is to cease; and
(c) no order is made under subitem (3) on or after the commencing day that the mediation is to cease.
81 Application--items 18 and 20
The amendments made by items 18 and 20 of this Schedule apply in relation to a proceeding, regardless of whether it commences before or after the commencing day.
82 Application--item 35
The amendment made by item 35 of this Schedule applies to an application under section 61 of the Native Title Act 1993, regardless of whether it is made before or after the commencing day.
83 Application--item 36
(1) Section 94B of the Native Title Act 1993, inserted by item 36 of this Schedule, applies in relation to a report that is provided to the Federal Court on or after the commencing day.
(2) Section 94C of the Native Title Act 1993, inserted by item 36 of this Schedule, applies to an application under section 61 of the Native Title Act 1993, regardless of whether it is made before or after the commencing day.
84 Application--item 44
The amendment made by item 44 of this Schedule applies in relation to an annual report that is prepared on or after the commencing day.
85 Application--item 48
The amendment made by item 48 of this Schedule applies to an application under section 61 of the Native Title Act 1993, regardless of whether it is made before or after the commencing day.
86 Application--item 52
A report may only be made under section 136GA or 136GB of the Native Title Act 1993, as inserted by item 52 of this Schedule, if the failure to act in good faith occurs on or after the commencing day.
87 Application--items 57 to 65
The amendments made by items 57 to 65 of this Schedule apply to an application under section 61 of the Native Title Act 1993 that is referred, whether before or after the commencing day, to the National Native Title Tribunal for mediation under section 86B of that Act.
88 Application--item 73
The amendment made by item 73 applies to a native title determination application that a native title claim group has authorised to be made and that is made on or after the commencing day.
89 Transitionals--applications made after 1998 amendments
(1) This item applies to a native title determination application that a native title claim group has authorised to be made if:
(a) the application was made before the commencing day, but on or after the day on which Schedule 2 to the Native Title Amendment Act 1998 commenced; and
(b) the claim made in the application or, if the application is amended, the application as amended, is not on the Register of Native Title Claims on the commencing day.
(2) The Registrar must:
(a) reconsider the claim under section 190A or, if the claim has not already been considered under that section, consider the claim under that section; and
(b) use his or her best endeavours to finish doing so by the end of one year after the commencing day.
If the Registrar does not do so by that time, the Registrar must reconsider or consider (as the case requires) the claim under that section as soon as reasonably practicable afterwards.
(3) If, either before the Registrar begins to reconsider, or consider, the claim in accordance with subitem (2), or while the Registrar is doing so, a notice is given in accordance with:
(a) paragraph 24MD(6B)(c); or
(b) section 29; or
(c) a provision of a law of a State or Territory that corresponds to section 29 and is covered by a determination in force under section 43; or
(d) a provision of a law of a State or Territory that corresponds to section 29 and is covered by a determination in force under section 43A;
in relation to an act affecting any of the land or waters in the area covered by the application, the Registrar must use his or her best endeavours to finish considering the claim under section 190A by the end of:
(e) in a paragraph (a) case--2 months after the notice is given; or
(f) in a paragraph (b) case--4 months after the notification day specified in the notice; or
(g) in a paragraph (c) case--the period, in the law of the State or Territory, that corresponds to the period of 4 months after the notification day specified in a notice under section 29; or
(h) in a paragraph (d) case--the period at the end of which any person who is a registered native title claimant or registered native title body corporate has a right to be consulted about the act, to object to the act or to participate in negotiations about the act.
(4) In reconsidering, or considering, a claim in accordance with subitems (2) or (3), the Registrar must:
(a) in addition to having regard to information in accordance with subsection 190A(3), also have regard to any information provided by the applicant after the application was made; and
(b) apply section 190A as if the conditions in sections 190B and 190C requiring that the application:
(i) contain or be accompanied by certain information or other things; or
(ii) be certified or have other things done in relation to it;
also allowed the information or other things to be provided, or the certification or other things to be done, by the applicant or another person after the application is made; and
(c) for the purposes of paragraphs (a) and (b) of this subitem, advise the applicant that the Registrar is reconsidering, or considering, the claim, and allow the applicant a reasonable opportunity to provide any further information or other things, or to have any things done, in relation to the application.
(5) If the claim does not satisfy all of the conditions in sections 190B and 190C:
(a) the Registrar must give written notice as required by subsection 190D(1); and
(b) the other provisions of section 190A to 190D, including subsections (6) and (7) of section 190D as amended by item 73, apply as if the notice given under paragraph (a) were given under subsection 190D(1); and
(c) after the Registrar has complied with subitems (2) to (4) and this subitem (in so far as they are applicable), the Registrar is taken to have complied with section 190A.
90 Transitionals--applications made before 1998 amendments
(1) This item applies to a native title determination application made by a person or persons claiming to hold native title if:
(a) the application was made before the day on which Schedule 2 to the Native Title Amendment Act 1998 commenced; and
(b) either:
(i) the claim was not considered by the Registrar under item 11 of Schedule 5 to that Act; or
(ii) the claim was considered by the Registrar under that item but not accepted for registration; and
(c) the claim is not one that, because it was amended on or after the day on which Schedule 2 to the Native Title Amendment Act 1998 commenced:
(i) was considered under section 190A of the Native Title Act 1993; and
(ii) is on the Register of Native Title Claims on the day on which this Schedule commences.
(2) The Registrar must:
(a) consider the claim under section 190A, or if the claim has already been considered under that section, reconsider the claim under that section; and
(b) use his or her best endeavours to finish doing so by the end of one year after the commencing day.
If the Registrar does not do so by that time, the Registrar must consider, or reconsider, the claim under that section as soon as reasonably practicable afterwards.
(3) If, either before the Registrar begins to consider, or reconsider, the claim in accordance with subitem (2), or while the Registrar is doing so, a notice is given in accordance with:
(a) paragraph 24MD(6B)(c); or
(b) section 29; or
(c) a provision of a law of a State or Territory that corresponds to section 29 and is covered by a determination in force under section 43; or
(d) a provision of a law of a State or Territory that corresponds to section 29 and is covered by a determination in force under section 43A;
in relation to an act affecting any land or waters covered by the application, the Registrar must use his or her best endeavours to finish considering, or reconsidering, the claim under section 190A:
(e) in a paragraph (a) case--2 months after the notice is given; or
(f) in a paragraph (b) case--4 months after the notification day specified in the notice; or
(g) in a paragraph (c) case--the period, in the law of the State or Territory, that corresponds to the period of 4 months after the notification day specified in a notice under section 29; or
(h) in a paragraph (d) case--the period at the end of which any person who is a registered native title claimant or registered native title body corporate has a right to be consulted about the act, to object to the act or to participate in negotiations about the act.
(4) In considering, or reconsidering, a claim in accordance with subitems (2) or (3), the Registrar must:
(a) in addition to having regard to information in accordance with subsection 190A(3), also have regard to any information provided by the applicant after the application was made; and
(b) apply section 190A as if the conditions in sections 190B and 190C requiring that the application:
(i) contain or be accompanied by certain information or other things; or
(ii) be certified or have other things done in relation to it;
also allowed the information or other things to be provided, or the certification or other things to be done, by the applicant or another person after the application is made; and
(c) for the purposes of paragraphs (a) and (b) of this subitem, advise the applicant that the Registrar is considering, or reconsidering, the claim, and allow the applicant a reasonable opportunity to provide any further information or other things, or to have any things done, in relation to the application.
(5) If the claim does not satisfy all of the conditions in sections 190B and 190C:
(a) the Registrar must give written notice as required by subsection 190D(1); and
(b) the other provisions of sections 190A to 190D, including subsections (6) and (7) of section 190D as amended by item 73, apply as if the notice given under paragraph (a) were given under subsection 190D(1); and
(c) after the Registrar has complied with subitems (2) to (4) and this subitem (in so far as they are applicable), the Registrar is taken to have complied with section 190A.
Schedule 4
2 Application
The amendment made by item 1 of this Schedule applies to the development of a standard form of agreement, or the review of an existing standard form of agreement, that occurs on or after the day on which this Schedule commences.
Native Title Amendment (Technical Amendments) Act 2007 (No. 125, 2007)
Schedule 1
120 Definitions
In this Part:
commencing day means the day on which item 1 of this Schedule commences.
Principal Act means the Native Title Act 1993.
121 Applications of items 7 to 14 and items 18, 19, 27, 28 and 111
The amendments made by items 7 to 14 and items 18, 19, 27, 28 and 111 apply in relation to notices given on or after the commencing day.
122 Application of items 4, 5, 15, 16, 20, 24, 25, 30, 57, 66, 67, 68, 89 and 113
The amendments made by items 4, 5, 15, 16, 20, 24, 25, 30, 57, 66, 67, 68, 89 and 113 apply in relation to the disclosure or use on or after the commencing day of information obtained in providing assistance or mediation, whether the information was obtained or the assistance or mediation provided before or after the commencing day.
123 Application of items 22, 22A, 23, 31, 31A, 32, 78, 84, 91G, 91H, 96A, 97, 98, 99, 101, 102, 103, 104 and 107
The amendments made by items 22, 22A, 23, 31, 31A, 32, 78, 84, 91G, 91H, 96A, 97, 98, 99, 101, 102, 103, 104 and 107 apply in relation to claims in a native title determination application made or amended on or after the commencing day.
124 Application of item 33
The amendment made by item 33 applies in relation to a single lease, licence, permit or authority granted on or after the commencing day.
125 Application of items 36, 37, 39, 40, 44, 45, 47, 48, 50, 51, 53 and 54
The amendments made by items 36, 37, 39, 40, 44, 45, 47, 48, 50, 51, 53 and 54 apply in relation to notices given or things done on or after the commencing day.
126 Application of item 42
The amendment made by item 42 applies in relation to notifications given under paragraph 24MD(6B)(c) of the Principal Act on or after the commencing day.
127 Applications of amendments made by items 62 and 63
The amendments made by items 62 and 63 apply to:
(a) the making of determinations on or after the commencing day; and
(b) the revocation on or after the commencing day of determinations made before, on or after the commencing day;
except where the determinations are those mentioned in item 138.
128 Application of items 71 to 74
The amendments made by items 71 to 74 apply in relation to a claimant application made on or after the commencing day.
129 Application of item 76
The amendment made by item 76 applies in relation to a compensation application made on or after the commencing day.
130 Application of item 80
The amendment made by item 80 applies in relation to notices given by the Registrar under paragraph 66(3)(a) of the Principal Act on or after the commencing day.
131 Application of item 81
The amendment made by item 81 applies in relation to amended applications of which the Registrar is given a copy under section 64 of the Principal Act on or after the commencing day.
132 Application of item 82
The amendments made by item 82 apply in relation to a claimant application, or a compensation application, whether made before or after the commencing day.
132A Application of items 83A to 83C, and items 91A to 91E
The amendments made by items 83A to 83C, and by items 91A to 91E of this Schedule apply to an application under section 61 of the Native Title Act 1993, regardless of whether it is made before or after the commencing day.
133 Application of item 88
The amendment made by item 88 applies in relation to an application made under section 61 of the Principal Act, if the person or persons making the application were required under the Principal Act to be authorised when the application was made.
134 Application of item 91
The amendment made by item 91 applies in relation to an application under section 61 of the Principal Act, regardless of whether the application is made before or after the commencing day.
135 Application of item 92
The amendment made by item 92 applies in relation to inquiries begun on or after the commencing day.
136 Effect of amendments of sections 190A to 190D of the Principal Act on transitional arrangements in the Native Title Amendment Act 2007
To avoid doubt, the amendments made in relation to sections 190A to 190D of the Principal Act in items 22, 22A, 23, 31, 31A, 32, 78, 84, 91G, 91H, 96A, 97, 98, 99, 101, 102, 103, 104 and 107 of this Schedule (including the insertion of sections 190E and 190F) are to be disregarded for the purposes of items 89 and 90 of Schedule 2 to the Native Title Amendment Act 2007.
137 Application of amendments made by items 118 and 119
The amendments made by items 118 and 119 of the Schedule apply where a notice is given on or after the commencing day in accordance with:
(a) paragraph 24MD(6B)(c) of the Principal Act; or
(b) section 29 of the Principal Act; or
(c) a provision of a law of a State or Territory that corresponds to section 29 of the Principal Act and is covered by a determination in force under section 43 of that Act; or
(d) a provision of a law of a State or Territory that corresponds to section 29 of the Principal Act and is covered by a determination in force under section 43A of that Act.
138 Validation of certain pre-commencement determinations in relation to South Australian alternative provisions etc.
(1) To avoid doubt, the following determinations made by the Commonwealth Minister under paragraph 43(1)(b) of the Principal Act are, and are taken always to have been, valid:
(a) the determination made on 18 October 1995 in relation to alternative provisions consisting of section 58 and Part 9B of the Mining Act 1971 of South Australia, as amended by the Mining (Native Title) Amendment Act 1995 of that State;
(b) the determination made on 16 April 1997 in relation to alternative provisions consisting of Part 7 of the Opal Mining Act 1995 of South Australia.
How subsection 43(3) applies to Mining Act alternative provisions
(2) For the purposes of applying subsection 43(3) of the Principal Act after the commencing day to the alternative provisions mentioned in paragraph (1)(a) of this item, it is to be assumed that:
(a) subsection 43(2A) of that Act, as inserted by this Schedule, applied when the determination mentioned in paragraph (1)(a) of this item was made, and at all times afterwards; and
(b) the reference in subsection 43(2A), as so applying, to conjunctive agreement/determination provisions or expedited procedure provisions included a reference to the Mining Act umbrella provisions.
Definition
(3) In subitem (2):
Mining Act umbrella provisions means:
(a) the provisions of Part 9B of the Mining Act 1971 of South Australia, as in force when the determination mentioned in paragraph (1)(a) of this item was made, so far as those provisions relate to umbrella authorisations within the meaning of section 63K of that Act as so in force; or
(b) provisions that are of substantially the same effect.
How subsection 43(3) applies to Opal Mining Act alternative provisions
(4) For the purposes of applying subsection 43(3) of the Principal Act after the commencing day to the alternative provisions mentioned in paragraph (1)(b) of this item, it is to be assumed that:
(a) subsection 43(2A) of that Act, as inserted by this Schedule, applied when the determination mentioned in paragraph (1)(b) of this item was made, and at all times afterwards; and
(b) the reference in subsection 43(2A), as so applying, to conjunctive agreement/determination provisions or expedited procedure provisions included a reference to the Opal Mining Act umbrella provisions.
Definition
(5) In subitem (4):
Opal Mining Act umbrella provisions means:
(a) the provisions of Part 7 of the Opal Mining Act 1995 of South Australia, as in force when the determination mentioned in paragraph (1)(b) of this item was made, so far as those provisions relate to umbrella authorisations within the meaning of section 53 of that Act as so in force; or
(b) provisions that are of substantially the same effect.
139 Entitlement to "just terms" compensation
(1) If, apart from this item, item 138 would result in a paragraph 51(xxxi) acquisition of property of a person other than on paragraph 51(xxxi) just terms, the person is entitled to such compensation, or compensation in addition to any otherwise provided by the Principal Act, from the Commonwealth as is necessary to ensure that the acquisition is made on paragraph 51(xxxi) just terms.
Federal Court's jurisdiction
(2) The Federal Court has jurisdiction with respect to matters arising under subitem (1) and that jurisdiction is exclusive of the jurisdiction of all other courts except the High Court.
Schedule 2
10 Application of item 4
The amendment made by item 4 applies in relation to conduct that occurs on or after the day on which the item commences.
11 Application of item 5
The amendment made by item 5 applies where the application for review is made on or after the day on which the item commences.
12 Application of item 6
The amendment made by item 6 applies to directions issued on or after the day on which the item commences.
Schedule 3
11 Application of items 1, 5 and 6
(1) To avoid doubt, nothing in the amendments made by items 1, 5 and 6 of this Schedule is intended to affect:
(a) regulations made under section 56, 59 or 60 of the Native Title Act 1993 that were in force before, or are in force on or after, the commencement of this Schedule; or
(b) anything done under those regulations.
(2) Nothing in paragraph (1)(a) affects the power to amend or repeal regulations mentioned in that paragraph.
12 Application of item 7
The amendment made by item 7 of this Schedule applies in relation to functions performed on or after the day on which the item commences.
Schedule 5
1 Applications not considered or reconsidered under items 89 and 90 of Schedule 2 to the Native Title Amendment Act 2007
(1) This item applies to a native title determination application amended before the day on which this item commences by a person or persons claiming to hold native title if:
(a) the application as amended is not one to which item 89 or 90 of Schedule 2 to the Native Title Amendment Act 2007 applies; and
(b) either:
(i) the Registrar has decided not to accept the claim made in the application, as amended, for registration before the day on which this item commences; and
(ii) the decision of the Registrar is one to which section 190D of the Native Title Act 1993, as in force immediately before the commencement of Schedule 2 to the Native Title Amendment Act 2007, applies;
or:
(iii) the Registrar has not yet decided whether to accept the claim made in the application, as amended, for registration by the day on which this item commences; and
(iv) section 190D of the Native Title Act 1993, as in force immediately before the commencement of Schedule 2 to the Native Title Amendment Act 2007, will apply if the Registrar decides not to accept the claim; and
(c) the claim is not on the Register of Native Title Claims on the day on which this item commences.
(2) The Registrar must:
(a) reconsider the claim under section 190A, as in force immediately before the commencement of this item or, if the claim has not already been considered under that section, consider the claim under that section; and
(b) use his or her best endeavours to finish doing so by the end of one year after the day on which this item commences.
If the Registrar does not do so by that time, the Registrar must reconsider or consider (as the case requires) the claim under that section as soon as reasonably practicable afterwards.
(3) If, either before the Registrar begins to reconsider, or consider, the claim in accordance with subitem (2), or while the Registrar is doing so, a notice is given in accordance with:
(a) paragraph 24MD(6B)(c), as in force immediately before the commencement of this item; or
(b) section 29, as in force at that time; or
(c) a provision of a law of a State or Territory that corresponds to section 29, as in force at that time, and is covered by a determination in force under section 43, as in force at that time; or
(d) a provision of a law of a State or Territory that corresponds to section 29, as in force at that time, and is covered by a determination in force under section 43A, as in force at that time;
in relation to an act affecting any of the land or waters in the area covered by the application, the Registrar must use his or her best endeavours to finish considering the claim under section 190A, as in force at that time, by the end of:
(e) in a paragraph (a) case--2 months after the notice is given; or
(f) in a paragraph (b) case--4 months after the notification day specified in the notice; or
(g) in a paragraph (c) case--the period, in the law of the State or Territory, that corresponds to the period of 4 months after the notification day specified in a notice under section 29, as in force at that time; or
(h) in a paragraph (d) case--the period at the end of which any person who is a registered native title claimant or registered native title body corporate has a right to be consulted about the act, to object to the act or to participate in negotiations about the act.
(4) In reconsidering, or considering, a claim in accordance with subitem (2) or (3), the Registrar must:
(a) in addition to having regard to information in accordance with subsection 190A(3), as in force immediately before the commencement of this item, also have regard to any information provided by the applicant after the application was made; and
(b) apply section 190A, as in force at that time, as if the conditions in sections 190B and 190C, as in force at that time, requiring that the application:
(i) contain or be accompanied by certain information or other things; or
(ii) be certified or have other things done in relation to it;
also allowed the information or other things to be provided, or the certification or other things to be done, by the applicant or another person after the application is made; and
(c) for the purposes of paragraphs (a) and (b) of this subitem, advise the applicant that the Registrar is reconsidering, or considering, the claim, and allow the applicant a reasonable opportunity to provide any further information or other things, or to have any things done, in relation to the application.
(5) If the claim does not satisfy all of the conditions in sections 190B and 190C, as in force immediately before the commencement of this item:
(a) the Registrar must give written notice as required by subsection 190D(1), as in force at that time; and
(b) the other provisions of section 190A to 190D, as in force at that time, apply as if the notice given under paragraph (a) were given under subsection 190D(1), as in force at that time; and
(c) after the Registrar has complied with subitems (2) to (4) and this subitem (in so far as they are applicable), the Registrar is taken to have complied with section 190A.
Native Title Amendment Act 2009 (No. 83, 2009)
Schedule 1
69 Application--subsection 86B(1) of the Native Title Act
Subsection 86B(1) of the Native Title Act 1993, as inserted by this Schedule, applies in relation to an application under section 61 of that Act made before or after the commencement of this item.
70 Application--subsection 86B(5C) and Division 4 of Part 4 of the Native Title Act
(1) The following provisions of the Native Title Act 1993, as inserted by this Schedule, apply in relation to a referral under subsection 86B(1) or (5) of that Act made before or after the commencement of this item:
(a) subsection 86B(5C);
(b) any provision of Division 4 of Part 4.
(2) If:
(a) a thing was done under, or for the purposes of, a provision of Division 4A of Part 6 of the Native Title Act 1993 in relation to a mediation; and
(b) the mediation has not been completed before commencement of this item;
the thing has effect, after that commencement, as if it had been done under, or for the purposes of, the corresponding provision of Division 4 of Part 4 of that Act.
71 Application--section 86C and subsections 136GC(2) and 138B(1) of the Native Title Act
The following provisions of the Native Title Act 1993, as inserted or amended by this Schedule, apply in relation to a mediation that begins before or after the commencement of this item:
(a) section 86C;
(b) subsection 136GC(2);
72 Referral for review under subsection 136GC(1) of the Native Title Act
If:
(a) an issue was referred for review under subsection 136GC(1) of the Native Title Act 1993 as in force before the commencement of this item; and
(b) the review has not been completed before that commencement;
then, despite the repeal of that subsection by this Schedule, the referral has effect, after that commencement, as if it were a referral under subsection 136GC(2) of that Act as inserted by this Schedule.
73 Direction to hold an inquiry under subsection 138B(1) of the Native Title Act
If:
(a) the Tribunal was directed to hold an inquiry under subsection 138B(1) of the Native Title Act 1993 as in force before the commencement of this item; and
(b) the inquiry has not been completed before that commencement;
then, despite the amendments of that subsection made by this Schedule, the direction has effect, after that commencement, as if it were a direction under subsection 138B(1) of that Act as amended by this Schedule.
Schedule 4
3 Transitional and saving provisions relating to section 183 of the Native Title Act
(1) An application made under subsection 183(1) of the Native Title Act 1993 but not determined before the commencement of this item is taken to have been made under subsection 213A(1) of that Act as inserted by this Schedule.
(2) An application made under subsection 183(2) of the Native Title Act 1993 but not determined before the commencement of this item is taken to have been made under subsection 213A(2) of that Act as inserted by this Schedule.
(3) An application made under subsection 183(2A) of the Native Title Act 1993 but not determined before the commencement of this item is taken to have been made under subsection 213A(3) of that Act as inserted by this Schedule.
(4) If:
(a) the provision of assistance was authorised under subsection 183(3) of that Act before the commencement of this item; and
(b) the assistance has not been provided before that commencement;
then, despite the repeal of that subsection by this Schedule, the authorisation has effect, after that commencement, as if it were an authorisation under subsection 213A(4) of that Act as inserted by this Schedule.
(5) Guidelines determined under subsection 183(4) of that Act that were in force immediately before the commencement of this item continue to have effect after that commencement as if they were guidelines made under subsection 213A(5) of that Act as inserted by this Schedule.
(6) A delegation in force under subsection 183(7) of that Act immediately before the commencement of this item continues to have effect after that commencement as if it were a delegation under subsection 213A(8) of that Act as inserted by this Schedule.
Schedule 5
12 Saving provision--recognition under subsection 203AD(1A) of the Native Title Act 1993
(1) This item applies if:
(a) an eligible body was recognised under subsection 203AD(1A) of the Native Title Act 1993 before the commencement of this item; and
(b) the recognition is in effect immediately before that commencement.
(2) Despite the amendments made by this Part, the recognition continues to have effect after the commencement of this item as if those amendments had not been made.
39 Application--sections 203AE, 203AF and 203AG of the Native Title Act
(1) Despite the repeal of section 203AE of the Native Title Act 1993 by this Part, that section (as in force immediately before the commencement of this item) continues to apply, in relation to the following, as if the repeal had not happened:
(a) an application made under that section but not determined before that commencement;
(b) a notice of a proposed extension given under that section if a decision has not been made about the proposed extension before that commencement.
(2) Despite the repeal of section 203AF of that Act by this Part, that section (as in force immediately before the commencement of this item) continues to apply, in relation to the following, as if the repeal had not happened:
(a) an application made under that section but not determined before that commencement;
(b) a notice of a proposed variation given under that section if a decision has not been made about the proposed variation before that commencement.
(3) Despite the repeal of section 203AG of that Act by this Part, that section (as in force immediately before the commencement of this item) continues to apply, in relation to a notice of a proposed reduction given under that section if a decision has not been made about the proposed reduction before that commencement, as if the repeal had not happened.
Schedule 6
18 Application of amendment
The amendment made by item 5 of this Schedule applies in relation to:
(a) the making of a determination under paragraph 43(1)(b) of the Native Title Act 1993 after the commencement of this item; and
(b) the revocation after the commencement of this item of such a determination whether made before or after that commencement.
19 Validation etc. of pre-commencement determinations
(1) A determination made under paragraph 43(1)(b) of the Native Title Act 1993 before the commencement of this item is as valid, and is taken always to have been as valid, as it would have been if paragraph 43(2)(j) of that Act, as inserted by this Schedule, had been in force at the time the determination was made.
(2) For the purposes of subsection 43(3) of that Act, paragraph 43(2)(j) of that Act, as inserted by this Schedule, is taken:
(a) to have been in force when the determination was made; and
(b) to have remained in force until the commencement of this item.
Federal Justice System Amendment (Efficiency Measures) Act (No. 1) 2009 (No. 122, 2009)
Schedule 3
5 Saving of regulations
(1) Despite the repeal of a provision that is specified in column 2 of the following table, as in force immediately before commencement, regulations that:
(a) were made for the purposes of that provision; and
(b) were in force immediately before commencement;
continue to have effect on and after commencement as if those regulations had been made for the purposes of the corresponding provision, as in force after commencement, that is specified in column 3 of the table in relation to that provision:
|
Saving of regulations |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Item |
Provision |
Corresponding provision |
|
4 |
paragraph 128(4)(b) of the Native Title Act 1993 |
|
(2) In this item:
commencement means the commencement of this item.
Native Title Amendment Act (No. 1) 2010 (No. 144, 2010)
Schedule 1
8 Compensation for acquisition of property
(1) If the operation of this Act would result in an acquisition of property to which paragraph 51(xxxi) of the Constitution applies from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
(3) In this item:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
Acts Interpretation Amendment Act 2011 (No. 46, 2011)
Schedule 3
10 Saving--appointments
The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.
11 Transitional regulations
The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.