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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