Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 203AA

Commonwealth Minister to invite applications

             (1)  As soon as practicable after the start of the transition period, the Commonwealth Minister must make an invitation under section 203A in respect of each transitionally affected area.

             (2)  The invitation in respect of a particular transitionally affected area must only be made to the body that was, on the transitional commencing day, the representative body for the transitionally affected area, as it stood on that day.

Example:    Body A is the recognised body for Area A on the transitional commencing day. Body B is the recognised body for Area B on the transitional commencing day.

                   The areas for which Body A and Body B are recognised are varied under section 203AF by recognising Body A as the representative body for a slice of Area B. The variation takes effect after the transitional commencing day.

                    Invitations are then made. At the time when that action is taken, the transitionally affected area for Body A is Area A, plus the slice of Area B for which Body A has now been recognised as the representative body ( Area A+ ). The transitionally affected area for Body B is Area B, less the slice of Area B for which Body A has now been recognised as the representative body ( Area B‑ ).

                    The invitation for Area A+ is made to Body A. The invitation for Area B‑ is made to Body B.

Period for which the body will be recognised

             (3)  The invitation must specify the period for which the body would be recognised, if an application were made. The period specified must be:

                     (a)  unless subsection (3A) applies, of no less than 2 years; and

                     (b)  of no more than 6 years.

          (3A)  The period specified may be of less than 2 years, but no less than 1 year, if:

                     (a)  the body is under external administration; or

                     (b)  a person is currently appointed, under a condition imposed by the Secretary in compliance with paragraph 203CA(1)(e), to deal with funds provided under Division 4 of this Part to the body; or

                     (c)  the Commonwealth Minister is of the opinion that specifying a period of that length would promote the efficient performance of the functions mentioned in subsection 203B(1).

Invitations need not all be made at same time

             (4)  The invitations mentioned in subsection (1) need not all be made at the same time.

Further invitations during the transition period

             (5)  Subject to subsection (6), no other invitation may be made under section 203A in respect of a transitionally affected area or an area wholly or partly within such an area, during the transition period.

             (6)  The Commonwealth Minister may make another invitation under section 203A within the transition period in respect of a transitionally affected area, or an area wholly or partly within such an area, if the body to whom the invitation was made in compliance with subsections (1) and (2) has not applied for recognition as the representative body for the area within the relevant application period under subsection 203A(3), or such further period as the Commonwealth Minister allows.