Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 203FBB

This section applies to review by Secretary

  (1)   This section applies if the Secretary of the Department conducts the review.

Review of decision

  (2)   Subject to subsection   (4), the Secretary must review the representative body's decision and decide whether:

  (a)   the representative body's decision should be affirmed; or

  (b)   the Secretary should make funding available under section   203FE to a person or body for the purpose of performing specified facilitation and assistance functions of a representative body in relation to the matter to which the representative body's decision relates.

Matters to be taken into account when conducting review

  (3)   In reviewing the representative body's decision, the Secretary must have regard to:

  (a)   whether it would be consistent with priorities determined by the representative body under paragraph   203B(4)(a) to provide the assistance sought; and

  (b)   whether, to provide the assistance sought, the representative body would need to allocate or re - allocate resources in a way that interferes with the efficient performance of its functions; and

  (c)   whether the representative body would breach a condition imposed under section   203CA if the representative body were to provide the assistance sought; and

  (d)   if the assistance sought was in relation to an application under section   61:

  (i)   whether the provision of that assistance would promote an orderly, efficient and cost - effective process for making such applications; and

  (ii)   in a case where one or more other applications have been made or are proposed to be made in relation to land or waters covered by the application--whether the provision of the assistance sought would be reasonable given the need to minimise the number of applications covering the land or waters; and

  (e)   any other matter relevant to the merits of the decision.

Failure to use internal review procedures

  (4)   The Secretary must refuse to review the representative body's decision if satisfied that the applicant did not, before applying for the review, make all reasonable efforts to seek a review by the representative body of its decision.

Inviting submissions

  (5)   Before reviewing the representative body's decision, the Secretary must invite the representative body to make a submission in relation to the decision. The invitation must specify a period of not less than 14 days within which submissions must be made.

Secretary to decide matter within 60 days

  (6)   The Secretary must make his or her decision under subsection   (2) within 60 days after the day on which the application for review is made.

Notice of decision on review

  (7)   The Secretary must give the applicant and the representative body written notice of the Secretary's decision under subsection   (2). The notice must include the reasons for that decision.