Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 203AD

Commonwealth Minister may recognise representative bodies

             (1)  Subject to subsection (1A), the Commonwealth Minister may, by legislative instrument, recognise, as the representative body for an area, an eligible body that has applied under section 203AB to be the representative body for the area if the Commonwealth Minister is satisfied that:

                     (c)  if the body is already a representative body--the body satisfactorily performs its existing functions; and

                     (d)  the body would be able to perform satisfactorily the functions of a representative body.

Representative bodies for transitionally affected area

          (1A)  The Commonwealth Minister must, by legislative instrument, recognise, as the representative body for a transitionally affected area, a body that:

                     (a)  was, on the transitional commencing day, the representative body for the transitionally affected area, as it stood on that day; and

                     (b)  has, during the transition period, applied under section 203AB to be the representative body for the transitionally affected area, as it stood on the day the application was made.

Instrument recognising body not disallowable

          (1B)  Section 42 of the Legislative Instruments Act 2003 does not apply to a legislative instrument made under subsection (1A).

When recognition takes effect

             (2)  The recognition of the body as a representative body takes effect:

                     (a)  if the body is recognised under subsection (1)--on the day specified in the instrument of recognition; or

                     (b)  if the body is recognised under subsection (1A)--on 1 July 2007.

When recognition ceases to have effect

          (2A)  If a body that is recognised under subsection (1) as the representative body for a transitionally affected area is to be recognised under subsection (1A) as the representative body for the area:

                     (a)  the body's recognition under subsection (1) ceases to have effect at the end of 30 June 2007; and

                     (b)  the body's recognition under subsection (1A) ceases to have effect at the end of the day specified in the instrument of recognition.

          (2B)  If a body is recognised under subsection (1), and that recognition takes effect on or after 1 July 2007, that recognition ceases to have effect at the end of the day specified in the instrument of recognition.

          (2C)  In any other case, the recognition of a body ceases to have effect at the end of 30 June 2007 or, if the body's recognition is earlier withdrawn under section 203AH, at the end of the day on which the withdrawal of the recognition takes effect.

Limits on the period of recognition

          (2D)  However:

                     (a)  if the body applied for recognition on the basis of an invitation in which the period of recognition was specified--the period of recognition specified in the instrument of recognition must be for the period stated in the invitation; and

                     (b)  if the body applied for recognition on the basis of an invitation in which no period of recognition was specified--the period of recognition specified in the instrument of recognition must be:

                              (i)  unless subsection (2E) applies, of no less than 2 years; and

                             (ii)  of no more than 6 years.

           (2E)  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).

Commonwealth Minister not to recognise more than one body for an area

             (4)  The Commonwealth Minister must not, under this section, recognise a body as the representative body for an area, with effect from a particular day, if a body has already been recognised as the representative body for all or part of the area, and that recognition will still be in effect on that day.

Notifying unsuccessful applicants

             (5)  If the Commonwealth Minister decides not to recognise as the representative body for an area a body that applied for that recognition, the Commonwealth Minister must notify the body, in writing, of the decision and the reasons for the decision.