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NATIVE TITLE ACT 1993 - SECT 213A

Assistance from Attorney-General

Assistance in relation to inquiries etc.

             (1)  A person who is a party, or who intends to apply to be a party, to an inquiry, mediation or proceeding related to native title may apply to the Attorney-General for the provision of assistance under this section in relation to the inquiry, mediation or proceeding.

Assistance in relation to agreements and disputes

             (2)  A person who:

                     (a)  is or intends to become a party to an indigenous land use agreement or an agreement about rights conferred under subsection 44B(1); or

                     (b)  is in dispute with any other person about rights conferred under subsection 44B(1);

may apply to the Attorney-General for the provision of assistance under this section in relation to:

                     (c)  negotiating the agreement; or

                     (d)  any inquiry, mediation or proceeding in relation to the agreement; or

                     (e)  resolving the dispute.

             (3)  A person who is, or intends to become, a grantee party in relation to a future act to which Subdivision P of Division 3 of Part 2 applies may apply to the Attorney-General for the provision of assistance under this section in relation to:

                     (a)  the development of a standard form of agreement to facilitate negotiation in good faith as mentioned in paragraph 31(1)(b); or

                     (b)  the development of a standard form of agreement which, if agreed by a grantee party in relation to a future act to which the Subdivision applies, would make it more likely that the Government party doing the act would consider it an act attracting the expedited procedure; or

                     (c)  a review of an existing standard form of agreement mentioned in paragraph (a) or (b), with a view to improving the standard form.

Note:          Subdivision P of Division 3 of Part 2 deals with the right to negotiate.

Attorney-General may grant assistance

             (4)  If the Attorney-General is satisfied that:

                     (a)  the applicant is not eligible to receive assistance in relation to the matter concerned from any other source (including from a representative Aboriginal/Torres Strait Islander body); and

                     (b)  the provision of assistance to the applicant in relation to the matter concerned is in accordance with the guidelines (if any) made under subsection (5); and

                     (c)  in all the circumstances, it is reasonable that the application be granted;

the Attorney-General may authorise the provision by the Commonwealth to the applicant, either unconditionally or subject to such conditions as the Attorney-General determines, of such legal or financial assistance as the Attorney-General determines.

Attorney-General may make guidelines

             (5)  The Attorney-General may, in writing, make guidelines that are to be applied in authorising the provision of assistance under this section.

Assistance not to be provided to Ministers

             (6)  The Attorney-General cannot authorise the provision of assistance under this section to the Commonwealth Minister, a State Minister or a Territory Minister.

Assistance not to be provided to native title claimants etc.

             (7)  The Attorney-General must not authorise the provision of assistance under this section to a person in relation to:

                     (a)  any claim by the person, in an inquiry, mediation or proceeding, to hold native title or to be entitled to compensation in relation to native title; or

                     (b)  an indigenous land use agreement, if the person holds or claims to hold native title in relation to the area covered by the agreement; or

                     (c)  an agreement or dispute about rights conferred under subsection 44B(1), if the person is included in the native title claim group concerned.

Delegation by Attorney-General

             (8)  The Attorney-General may, in writing, delegate any or all of his or her powers under subsection (4) to:

                     (a)  the Secretary of the Department; or

                     (b)  a person engaged under the Public Service Act 1999 who occupies a specified position in the Department.



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