NATIVE TITLE (PRESCRIBED BODIES CORPORATE) REGULATIONS 1999 - REG 4 Prescribed bodies corporate (Act s 59)

NATIVE TITLE (PRESCRIBED BODIES CORPORATE) REGULATIONS 1999 - REG 4

  (1)   An Aboriginal and Torres Strait Islander corporation is prescribed for section   5 9 of the Act if it is registered for the purpose of being the subject of a section   5 6 or 57 determination.

  (2)   An Aboriginal and Torres Strait Islander corporation is taken to be registered for the purpose of being the subject of a section   5 6 or 57 determination only if:

  (a)   the purpose of becoming a registered native title body corporate is set out in the objects of the corporation; and

  (b)   all members of the corporation are:

  (i)   persons who, at the time of making of the section   5 6 or 57 determination, are included, or are proposed to be included, in the native title determination as native title holders; or

  (ii)   persons to whom the persons mentioned in subparagraph   ( i) have consented; and

  (c)   at all times after the section   5 6 or 57 determination is made, all members of the corporation are:

  (i)   persons who have native title rights and interests in relation to the land or waters to which the native title determination relates; or

  (ii)   persons, or a class of persons, to whom the persons mentioned in subparagraph   ( i) have consented; and

  (d)   the corporation meets the Indigeneity requirement mentioned in section   2 9 -/span> -5 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 .