Commonwealth Numbered Acts

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NATIVE TITLE ACT 1993 No. 110, 1993 - SECT 38

Kinds of determination
38.(1) Except where section 37 applies, the arbitral body must make one of the
following determinations:

   (a)  a determination that the act must not be done;

   (b)  a determination that the act may be done;

   (c)  a determination that the act may be done subject to conditions to be
        complied with by any of the parties. Profit-sharing conditions not to
        be determined

(2) The arbitral body must not determine a condition under paragraph (1)(c)
that has the effect that native title parties are to be entitled to payments
worked out by reference to:

   (a)  the amount of profits made; or

   (b)  any income derived; or

   (c)  any things produced; by any grantee party as a result of doing
        anything in relation to the land or waters concerned after the act is
        done. 


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