NATIVE TITLE (PRESCRIBED BODIES CORPORATE) REGULATIONS 1999 - REG 25 Registrar's opinion following reconsideration

NATIVE TITLE (PRESCRIBED BODIES CORPORATE) REGULATIONS 1999 - REG 25

  (1)   If after reconsidering a matter mentioned in paragraph   2 3(1)(a) or (b) the Registrar forms an opinion under subsection   6 0AC(2) of the Act, the Registrar must tell the applicant and the body corporate that charged the fee in dispute of the opinion and reasons for the opinion, in writing, within the following period:

  (a)   if the Registrar did not make a request under subregulation   2 4(2) -- within 28 days after:

  (i)   receiving the notice mentioned in subregulation   2 3(2); or

  (ii)   if the Registrar decided to reconsider the matter on his or her own initiative under subregulation   2 3(4) -- the day the Registrar decided to reconsider the matter;

  (b)   if the Registrar made a request under subregulation   2 4(2) to the applicant or the body corporate and the period mentioned in the request was not extended under subregulation   2 4(4) -- within 28 days after the end of the period mentioned in the request;

  (c)   if the Registrar made a request under subregulation   2 4(2) to the applicant or the body corporate and the period mentioned in the request was extended under subregulation   2 4(4) -- within 28 days after the end of the extended period;

  (d)   if the Registrar made a request under subregulation   2 4(2) to the applicant and the body corporate and the period mentioned in each request was not extended under subregulation   2 4(4) -- within 28 days after the end of the period mentioned in the requests that ends the latest;

  (e)   if the Registrar made a request under subregulation   2 4(2) to the applicant and the body corporate and the period mentioned in one or more of the requests was extended under subregulation   2 4(4) -- within 28 days after the end of the extended period that ends the latest.

  (2)   The Registrar must give a copy of the opinion mentioned in subregulation (1) to the Secretary of the Department within the same period that the Registrar is required to tell the applicant and body corporate under subregulation   (1).

  (3)   If the Registrar does not give an opinion within the period required under subregulation (1), the Registrar is taken to have:

  (a)   if the Registrar had given an opinion in accordance with regulation   2 2 -- confirmed the opinion given; or

  (b)   in all other cases -- decided not to give an opinion.

  (4)   A person may apply to the Administrative Appeals Tribunal for review of:

  (a)   an opinion of the Registrar given under subregulation (1); or

  (b)   an opinion of the Registrar confirmed by paragraph   ( 3)(a); or

  (c)   a decision of the Registrar mentioned in paragraph   ( 3)(b).