Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 66B

Application to replace applicant in claimant application

             (1)  One or more members of the native title claim group (the claim group ) in relation to a claimant application, or of the compensation claim group (also the claim group ) in relation to a compensation application, may apply to the Federal Court for an order that the member, or the members jointly, replace the current applicant for the application on the grounds that:

                     (a)  one or more of the following applies to a person who is, either alone or jointly with one or more other persons, the current applicant:

                              (i)  the person consents to his or her replacement or removal;

                             (ii)  the person has died or become incapacitated;

                            (iii)  the person is no longer authorised by the claim group to make the application and to deal with matters arising in relation to it;

                            (iv)  the person has exceeded the authority given to him or her by the claim group to make the application and to deal with matters arising in relation to it; and

                     (b)  the member or members are authorised by the claim group to make the application and to deal with matters arising in relation to it.

Note:          Section 251B states what it means for a person or persons to be authorised by all the persons in the claim group to deal with matters in relation to a claimant application or a compensation application.

Court order

             (2)  The Court may make the order if it is satisfied that the grounds are established.

Registrar of Federal Court to notify Native Title Registrar

             (3)  If the Court makes the order, the Registrar of the Federal Court must, as soon as practicable, notify the Native Title Registrar of the name and address for service of the person who is, or persons who are, the new applicant.

Register to be updated

             (4)  If the claim contained in the application is on the Register of Native Title Claims, the Registrar must amend the Register to reflect the order.