Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 27

Arbitral bodies: recognised State/Territory bodies

  (1)   If a law of a State or Territory for which there is a recognised State/Territory body so allows, the body is the arbitral body under this Subdivision in relation to acts of the State or Territory to which this Subdivision applies, other than acts in relation to:

  (a)   a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970 ); or

  (b)   any place outside the jurisdictional limits of the State or Territory.

Arbitral bodies: NNTT

  (2)   If:

  (a)   a future act is done by the Commonwealth; or

  (b)   a future act is done by a State or Territory and there is no arbitral body under subsection   (1) in respect of the act;

the National Native Title Tribunal is the arbitral body in respect of the act.

Arbitral body not to include holders of judicial offices

  (3)   If the arbitral body in respect of the act is the NNTT, for the purposes of performing the functions and exercising the powers of the arbitral body in respect of the act, the NNTT must not be constituted by:

  (a)   a member who is the holder of a judicial office; or

  (b)   members one or more of whom are the holders of judicial offices.