Commonwealth Consolidated Acts Commonwealth Consolidated ActsGeneral
(1) The facilitation and assistance functions of a representative body are:
(a) to research and prepare native title applications, and to facilitate research into, preparation of and making of native title applications; and
(b) to assist registered native title bodies corporate, native title holders and persons who may hold native title (including by representing them or facilitating their representation) in consultations, mediations, negotiations and proceedings relating to the following:
(i) native title applications;
(ii) future acts;
(iii) indigenous land use agreements or other agreements in relation to native title;
(iv) rights of access conferred under this Act or otherwise;
(v) any other matters relating to native title or to the operation of this Act.
Facilitation and assistance functions only exercisable on request
(2) A representative body must not perform its facilitation and assistance functions in relation to a particular matter unless it is requested to do so.
Facilitation and assistance functions only exercisable within a representative body's area
(3) A representative body can only perform its facilitation and assistance functions in relation to a matter that relates to land or waters:
(a) that are wholly within the area for which the body is the representative body; or
(b) that are partly within that area.
If paragraph (b) applies, the body must not perform the functions for the part of the land or waters that is outside that area except in accordance with section 203BD.
Consent required if matters relate to same land or waters
(4) If:
(a) a registered native title body corporate or a person who holds or may hold native title requests that a representative body represent the body or the person (the new body or person ) in relation to a particular matter that relates to particular land or waters; and
(b) the representative body is already representing another body or person (the original body or person ) in relation to one or more other matters that relate wholly or partly to that land or those waters;
the representative body must not represent the new body or person unless the representative body has obtained consent, from the original body or person, for the representative body also to represent the new body or person to the extent that the other matters relate to the land or waters.
"Briefing out" matters that relate to the same land or waters
(5) Subsection (4) does not prevent a representative body from facilitating the representation of a body or person, in relation to a particular matter, by entering into an arrangement with another person under which the other person represents the body or person in relation to that matter.
(6) In this section and section 203BC:
"matter" means a native title application, or a consultation, mediation, negotiation or proceeding of a kind referred to in paragraph (1)(b).