NATIVE TITLE ACT 1993 - SECT 60AB Fees for services provided by registered native title bodies corporate in performing certain functions

NATIVE TITLE ACT 1993 - SECT 60AB

  (1)   A registered native title body corporate may charge a person, other than a person mentioned in subsection   (4), a fee for costs the registered native title body corporate incurs when performing one or more of the following functions:

  (a)   negotiating an agreement under paragraph   31(1)(b);

  (b)   negotiating an agreement under alternative provisions provided for by a law of a State or Territory in respect of which the Commonwealth Minister has made a determination under paragraph   43(1)(b);

  (c)   negotiating indigenous land use agreements under Subdivisions B, C and D of Division   3 of this Part.

  (2)   The regulations may provide for a registered native title body corporate to charge a person, other than a person mentioned in subsection   (4), a fee for costs the registered native title body corporate incurs when performing other functions specified in the regulations.

  (3)   A fee imposed under subsection   (1), or under regulations made for the purposes of subsection   (2), must not be such as to amount to taxation.

  (4)   For the purposes of this section, a registered native title body corporate may not charge the following persons a fee:

  (a)   the common law holders for whom the registered native title body corporate holds native title rights and interests in trust;

  (b)   the common law holders for whom the registered native title body corporate is an agent prescribed body corporate;

  (c)   another registered native title body corporate;

  (d)   a representative body;

  (e)   a registered native title claimant or other person who claims to hold native title in relation to the land or waters in:

  (i)   an area affected by an act to which negotiations mentioned in subsection   (1) relate; or

  (ii)   an area proposed to be covered by an indigenous land use agreement.

  (5)   A registered native title body corporate may not charge a person a fee for costs the registered native title body corporate incurs when performing functions:

  (a)   as a party to a proceeding or an inquiry in which:

  (i)   a determination that an act must not be done; or

  (ii)   a determination that an act may be done; or

  (iii)   a determination that an act may be done subject to conditions being complied with;

    may be made in respect of an act to which negotiations mentioned in subsection   (1) relate; and

  (b)   as a party to any court proceedings; and

  (c)   in any other circumstances prescribed by the regulations.