Commonwealth Numbered Acts

CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) CONSEQUENTIAL, TRANSITIONAL AND OTHER MEASURES ACT 2006 (NO. 125, 2006) - SCHEDULE 1

Native Title Act 1993

1  Paragraph 60AA(1)(a)

Omit "incorporated under the Aboriginal Councils and Associations Act 1976 ", substitute "registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ".

2  Subparagraph 193(2)(d)(ii)

Omit "concerned; and", substitute "concerned;".

3  Subparagraphs 193(2)(d)(iii) and (iv)

Repeal the subparagraphs.

4  At the end of subsection 193(2)

Add:

                     (e)  in the case of an approved determination of native title by the Federal Court, where the determination is that native title exists--the name and address of any prescribed body corporate that:

                              (i)  holds the native title rights and interests concerned on trust; or

                             (ii)  is an agent prescribed body corporate in relation to the native title rights and interests concerned;

                      (f)  in the case of an approved determination of native title by a recognised State/Territory body, where the determination is that native title exists--the name and address of any body corporate that holds the native title rights and interests concerned on trust or that is determined in relation to the native title under a provision of a law of the State or Territory concerned that corresponds to section 57.

5  Paragraph 201B(1)(a)

Omit "incorporated under Part IV of the Aboriginal Councils and Associations Act 1976 ", substitute "registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ".

6  Section 222 (after table item dealing with affect)

Insert:

7  Section 253

Insert:

"agent prescribed body corporate" , in relation to native title rights and interests, means:

                     (a)  a prescribed body corporate that is determined under section 57 in relation to the native title; or

                     (b)  a prescribed body corporate that, under regulations made for the purposes of subsection 56(4), is to perform the functions referred to in subsection 57(3) in relation to the native title; or

                     (c)  a prescribed body corporate that replaces, under regulations made for the purposes of section 60:

                              (i)  a prescribed body corporate referred to in paragraph (a) or (b); or

                             (ii)  a prescribed body corporate that is an agent prescribed body corporate in relation to the native title because of an earlier application of this paragraph.

8  Section 253 (definition of registered native title body corporate )

Repeal the definition, substitute:

"registered native title body corporate" means a prescribed body corporate whose name and address are registered on the National Native Title Register under paragraph 193(2)(e) or (f).