Commonwealth Consolidated Acts Commonwealth Consolidated Acts1 Subsection 56(4)
Repeal the subsection, substitute:
Other matters relating to the trust to be dealt with by regulation
(4) The regulations may also make provision in respect of:
(a) the following matters relating to the holding in trust of the native title rights and interests:
(i) the functions to be performed by the body corporate;
(ii) the nature of any consultation with, or other role for, the common law holders;
(iii) the circumstances in which the rights and interests may be surrendered, transferred or otherwise dealt with;
(iv) the determination of any other matter by the Federal Court;
(v) any other matter; and
(b) the replacement of the trustee where the common law holders wish the trustee to be replaced; and
(c) the determination by the Federal Court of a prescribed body corporate to replace the trustee, and any other matter in relation to the replacement of the trustee; and
(d) the termination of the trust where:
(i) the common law holders wish the trust to be terminated; or
(ii) a liquidator is appointed for the body corporate; and
(e) the determination by the Federal Court of a prescribed body corporate to perform the functions mentioned in subsection 57(3) once the trust is terminated; and
( f ) any matter in relation to the termination of the trust, the performance of those functions and the transition from the trust arrangement to the new arrangement, including the determination of those matters by the Federal Court.
2 At the end of section 56
Add:
Where common law holders later wish a trust be determined
(7) The regulations may make provision in respect of:
(a) the determination by the Federal Court of a prescribed body corporate to hold the rights and interests from time to time comprising the native title in trust for the common law holders where:
(i) a determination is made, either under this section or under regulations made for the purposes of this section, that the rights and interests are to be held by the common law holders; and
(ii) the common law holders wish a prescribed body corporate to instead hold those rights and interests in trust; and
(b) the functions to be performed by the prescribed body corporate, once determined; and
(c) the nature of any consultation with, or other role for, the common law holders; and
(d) the circumstances in which the rights and interests may be surrendered, transferred or otherwise dealt with; and
(e) any other matter in relation to the holding in trust of the native title rights and interests, and the transition from the former to the new arrangement, including the determination of the matter by the Federal Court.
3 Paragraph 57(2)(c)
Omit "prescribed body is to perform the functions", substitute "prescribed body corporate is to perform the functions".
4 Paragraph 58(a)
After "section 56", insert ", or regulations made for the purposes of that section".
5 Section 59
Repeal the section, substitute:
59 Kinds of prescribed bodies corporate may be determined
(1) The regulations may prescribe the kinds of body corporate that may be determined under paragraph 56(2)(b) or 57(2)(b).
(2) The regulations may prescribe the body corporate, or the kinds of body corporate, that may be determined under paragraph 57(2)(c).
(3) The regulations may prescribe the body corporate, or the kinds of body corporate, that may be determined under paragraph 56(4)(c) or (e), 56(7)(a) or 60(b).
6 Section 60
Repeal the section, substitute:
60 Replacement of agent prescribed bodies corporate
The regulations may make provision for:
(a) the replacement of an agent prescribed body corporate (the original PBC ) with another prescribed body corporate (the replacement PBC ) to perform the functions mentioned in subsection 57(3) where:
(i) the common law holders wish the replacement to occur; or
(ii) a liquidator is appointed for the original PBC; and
(b) the determination by the Federal Court of the replacement PBC; and
(c) any matter in relation to the transition from the original PBC to the replacement PBC, including the determination of that matter by the Federal Court ; and
(d) any other matters in relation to the replacement of the original PBC with the replacement PBC.
7 At the end of Part 2
Add:
Division 7 -- Financial matters
(1) A registered native title body corporate may charge a person, other than a person mentioned in subsection ( 4), a fee for costs the registered native title body corporate incurs when performing one or more of the following functions:
(a) negotiating an agreement under paragraph 31(1)(b);
(b) negotiating an agreement under alternative provisions provided for by a law of a State or Territory in respect of which the Commonwealth Minister has made a determination under paragraph 43(1)(b);
(c) negotiating indigenous land use agreements under Subdivisions B, C and D of Division 3 of this Part.
(2) The regulations may provide for a registered native title body corporate to charge a person, other than a person mentioned in subsection ( 4), a fee for costs the registered native title body corporate incurs when performing other functions specified in the regulations.
(3) A fee imposed under subsection ( 1), or under regulations made for the purposes of subsection ( 2), must not be such as to amount to taxation.
(4) For the purposes of this section, a registered native title body corporate may not charge the following persons a fee:
(a) the common law holders for whom the registered native title body corporate holds native title rights and interests in trust;
(b) the common law holders for whom the registered native title body corporate is an agent prescribed body corporate;
(c) another registered native title body corporate;
(d) a representative body;
(e) a registered native title claimant or other person who claims to hold native title in relation to the land or waters in:
(i) an area affected by an act to which negotiations mentioned in subsection ( 1) relate; or
(ii) an area proposed to be covered by an indigenous land use agreement.
(5) A registered native title body corporate may not charge a person a fee for costs the registered native title body corporate incurs when performing functions:
(a) as a party to a proceeding or an inquiry in which:
(i) a determination that an act must not be done; or
(ii) a determination that an act may be done; or
(iii) a determination that an act may be done subject to conditions being complied with;
may be made in respect of an act to which negotiations mentioned in subsection ( 1) relate; and
(b) as a party to any court proceedings; and
(c) in any other circumstances prescribed by the regulations.
60AC Opinion of the Registrar of Aboriginal and Torres Strait Islander Corporations
(1) If a registered native title body corporate charges a person a fee in reliance on section 60AB, the person may, in writing, request the Registrar of Aboriginal and Torres Strait Islander Corporations (the Registrar ) to give an opinion on whether the fee is one that the body corporate may charge under that section.
(2) The Registrar may give an opinion, in writing, on whether the fee is one that the registered native title body corporate may charge under that section.
(3) If the Registrar gives the opinion that the fee is not one that the registered native title body corporate may charge under that section, the body corporate must withdraw the charge.
(4) An opinion given by the Registrar under subsection ( 2) is not a legislative instrument.
(5 ) The regulations may make provisions dealing with:
(b) the process by which the request to the Registrar is made and considered; and
(c) the withholding of payment of the fee in relation to which a request is made; and
(d) any other matters in relation to the request, the consideration of the request, the giving of an opinion by the Registrar, and the consequences of the giving of that opinion.
8 At the end of section 193
Add:
Registrar to reflect changes to prescribed bodies corporate
(4) If:
(a) a prescribed body corporate that holds the native title rights and interests on trust is replaced with another prescribed body corporate as trustee; or
(b) the trust under which a prescribed body corporate holds native title rights and interests is terminated and an agent prescribed body corporate is determined; or
(c) an agent prescribed body corporate in relation to native title rights and interests is replaced with another agent prescribed body corporate in relation to those interests; or
(d) a prescribed body corporate ceases to be an agent prescribed body corporate in relation to native title rights and interests and a prescribed body corporate is determined to be trustee in relation to those rights and interests;
the Registrar must update the Register to reflect the change.
9 Section 197
Repeal the section, substitute:
(1) The Registrar must, as soon as is practicable:
(a) include in the Register details of determinations or decisions covered by subsection 193(1); and
(b) update the Register in accordance with subsection 193(4).
10 Section 253 ( paragraph ( b) of the definition of agent prescribed body corporate )
Omit "subsection 56(4)", substitute "paragraph 56(4)(e)".
10A Section 253 (definition of registered native title body corporate )
Repeal the definition, substitute:
"registered native title body corporate" means:
(a) a prescribed body corporate whose name and address are registered on the National Native Title Register under paragraph 193(2)(e) or subsection 193(4); or
(b) a body corporate whose name and address are registered on the National Native Title Register under paragraph 193(2)(f).
Part 2 -- Transitional and application provisions
11 Application of items 1, 5 and 6
(1) To avoid doubt, nothing in the amendments made by items 1, 5 and 6 of this Schedule is intended to affect:
(a) regulations made under section 56, 59 or 60 of the Native Title Act 1993 that were in force before, or are in force on or after, the commencement of this Schedule; or
(b) anything done under those regulations.
(2) Nothing in paragraph ( 1)(a) affects the power to amend or repeal regulations mentioned in that paragraph.
12 Application of item 7
The amendment made by item 7 of this Schedule applies in relation to functions performed on or after the day on which the item commences.