Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The agreement must not be made unless there are registered native title bodies corporate in relation to all of the area.
(2) If:
(a) there is an approved determination of native title to the effect that native title does not exist in relation to part of the area; or
(b) part of the area was expressly excluded from the area covered by an approved determination of native title because of subsection 61A(2) (restrictions on making of certain applications);
it is not necessary for there to be a registered native title body corporate for that part of the area in order to satisfy subsection (1).