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CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) CONSEQUENTIAL, TRANSITIONAL AND OTHER MEASURES ACT 2006 - SCHEDULE 1

Amendment of the Native Title Act 1993

 

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:

agent prescribed body corporate

253

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).



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