Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 203AE

             (1)  This section applies if the boundary of an area for which a body is the representative body adjoins an area for which there is no representative body.

Commonwealth Minister may extend area

             (2)  The Commonwealth Minister may, by legislative instrument, extend the area for which the body is the representative body, by adding the adjoining area, if the Commonwealth Minister is satisfied that, after the extension, the body will satisfactorily perform its functions in relation to the extended area.

Extension on application by the body or on Commonwealth Minister's own initiative

             (3)  The Commonwealth Minister may extend the area:

                     (a)  on the application, in writing, of the body; or

                     (b)  on the Commonwealth Minister's own initiative.

Notice that extension of area is being considered

             (4)  The Commonwealth Minister may only extend the area on his or her own initiative if, at least 60 days before deciding to extend the area, the Commonwealth Minister:

                     (a)  notifies the body, in writing, that the extension is being considered; and

                     (b)  notifies the public in the determined way that the extension is being considered.

             (5)  The notice to the body must:

                     (a)  identify the proposed extension; and

                     (b)  state the reasons why the Minister is considering extending the area; and

                     (c)  invite the body to make submissions to the Commonwealth Minister, within the period specified in the notice, about whether the area should be extended.

The period specified must not begin before the day on which the notice is given to the body, and must be a period of at least 60 days.

             (6)  The notice to the public must invite the public to make submissions to the Commonwealth Minister, within the period specified in the notice, about whether the area should be extended. The period specified must not begin before the day on which notice is given to the body in accordance with subsections (4) and (5), and must be a period of at least 60 days.

Consideration of reports etc.

             (7)  In deciding whether to extend the area, the Commonwealth Minister may consider the following:

                     (a)  any reports under section 203DF of audits or investigations of the body;

                     (b)  any reports under section 193X of the Aboriginal and Torres Strait Islander Act 2005 in relation to funding provided to the body under section 203C or 203FE of this Act;

                     (c)  any notices that the Secretary of the Department has given to the Commonwealth Minister under section 203F in relation to the body.

Commonwealth Minister's consideration of other matters unaffected

             (8)  Subsection (7) does not limit any other matters that the Commonwealth Minister may take into account in deciding whether to extend the area.

Consideration of submissions

             (9)  In deciding whether to extend the area, the Commonwealth Minister must consider any submissions made by the body or the public within the periods referred to in subsections (5) and (6).

Notice of decision

           (10)  As soon as practicable after deciding whether to extend the area, the Commonwealth Minister must notify the body, in writing, of:

                     (a)  the decision; and

                     (b)  the reasons for the decision.

When extension takes effect

           (11)  The extension of the area for which the body is the representative body takes effect on:

                     (a)  the day on which the instrument extending the area is made; or

                     (b)  if a later day is specified in that instrument--that day.