Commonwealth Numbered Acts

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NATIVE TITLE ACT 1993 No. 110, 1993 - SECT 57

Determination of prescribed body corporate etc. Where trustee
57.(1) If the determination under section 56 is that the native title rights
and interests are to be held in trust by a prescribed body corporate, the
prescribed body corporate, after becoming a registered native title body
corporate (see the definition of that expression in section 253), must also
perform:

   (a)  any other functions given to it as a registered native title body
        corporate under particular provisions of this Act; and

   (b)  any functions given to it as a registered native title body corporate
        under the regulations (see section 58). Where not trustee

(2) If the determination under section 56 is not as mentioned in subsection
(1) of this section, the NNTT or the Federal Court must take the following
steps in determining which prescribed body corporate is, after becoming a
registered native title body corporate, to perform the functions mentioned in
subsection (3):

   (a)  first, it must request a representative of the common law holders to
        nominate, in writing given to the NNTT or the Federal Court within a
        specified period, a prescribed body corporate for the purpose;

   (b)  secondly, if a prescribed body corporate is nominated in accordance
        with the request, the NNTT or the Federal Court must determine that
        the body is to perform the functions;

   (c)  thirdly, if no prescribed body corporate is nominated in accordance
        with the request, the NNTT or the Federal Court must, in accordance
        with the regulations, determine which prescribed body is to perform
        the functions. Functions where not trustee

(3) After becoming a registered native title body corporate, the body must
perform:

   (a)  any functions given to it as a registered native title body corporate
        under particular provisions of this Act; and

   (b)  any functions given to it under the regulations (see section 58). 


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