Commonwealth Consolidated Acts Commonwealth Consolidated ActsApplication to reconsider a claim
(1) If the Registrar gives the applicant a notice under subsection 190D(1), then, subject to subsections (3) and (4), the applicant may apply to the NNTT to reconsider the claim made in the application.
(2) The application must:
(a) be in writing; and
(b) be made within 42 days after the notice under subsection 190D(1) is given; and
(c) state the basis on which the reconsideration is sought.
(3) The applicant may not make an application to the NNTT for reconsideration of the claim if the applicant has already made an application to the Federal Court under subsection 190F(1) for review of the decision.
(4) The applicant may apply to the NNTT for reconsideration of the claim no more than once.
Constitution of NNTT for purposes of reconsidering the claim
(5) For the purposes of reconsidering the claim, the NNTT must be constituted by a single member.
(6) The member of the NNTT who reconsiders the claim may not take any part in the proceeding in relation to the claim (including any review or inquiry in relation to the claim), unless the parties to the proceeding otherwise agree.
NNTT's reconsideration of the claim
(7) In reconsidering the claim:
(a) the NNTT must have regard to any information to which the Registrar was required to have regard under subsections 190A(3) to (5) in considering the claim; and
(b) the NNTT may have regard to any other information which the NNTT regards as appropriate in reconsidering the claim.
Effect of certain notices
(8) If, either before the NNTT begins to do so or while it is doing so, a notice is given in accordance with:
(a) paragraph 24MD(6B)(c); or
(b) section 29; or
(c) a provision of a law of a State or Territory that corresponds to section 29 and is covered by a determination in force under section 43; or
(d) a provision of a law of a State or Territory that corresponds to section 29 and is covered by a determination in force under section 43A;
in relation to an act affecting any of the land or waters in the area covered by the application, the member reconsidering the claim must use his or her best endeavours to finish reconsidering the claim by the end of:
(e) in a paragraph (a) case--2 months after the notice is given; or
(f) in a paragraph (b) case--4 months after the notification day specified in the notice; or
(g) in a paragraph (c) case--the period, in the law of the State or Territory, that corresponds to the period of 4 months mentioned in paragraph 30(1)(a); or
(h) in a paragraph (d) case--the period at the end of which any registered native title claimant or registered native title body corporate has a right to be consulted about the act, to object to the act or to participate in negotiations about the act.
Otherwise, claim to be reconsidered as soon as is practicable
(9) In any other case, the NNTT must finish reconsidering the claim as soon as is practicable.
Notifying the Registrar of the NNTT's decision
(10) The NNTT must notify the Registrar that the Registrar should accept the claim for registration if the claim satisfies all of the conditions in:
(a) section 190B (which deals mainly with the merits of the claim); and
(b) section 190C (which deals with procedural and other matters).
(11) In any other case, the NNTT must notify the Registrar that the Registrar should not accept the claim, and include in that notice a statement of the NNTT's reasons for its decision. The statement of reasons for the decision must include a statement on:
(a) whether, in the opinion of the member who reconsidered the claim, the claim for registration satisfies all of the conditions in section 190B; and
(b) whether, in the opinion of the member who reconsidered the claim, it is not possible to determine whether the claim for registration satisfies all of the conditions in section 190B because of a failure to satisfy section 190C.
(12) For the purposes of subsection (10), sections 190B and 190C apply as if a reference to the Registrar in those sections were a reference to the NNTT.
(13) The Registrar must comply with a notice given to the Registrar under subsection (10) or (11).