{"id":"F1996B02043","name":"Native Title (Tribunal) Regulations 1993","slug":"native-title-tribunal-regulations-1993","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"380 of 1993","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29190,"registerId":"commonwealth-F1996B02043-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulations","content":"#### 1 Name of regulations\n\n  These regulations are the Native Title (Tribunal) Regulations 1993.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  (1) In these Regulations, unless the contrary intention appears:\n\n> Act means the Native Title Act 1993.\n\n> lodge an address for service, in relation to a person, means give to the Registrar notice in writing of an address to which documents for the person may be sent.\n\n> Note: The address may include a physical address, a postal address and an email address.\n\n  (2) In these Regulations, a reference to a form by number is a reference to the form so numbered in Schedule 1.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Applications (Act, s 76)","content":"#### 4 Applications (Act, s 76)\n\n  (1) For paragraph 76(a) of the Act, an application must be in the following form:\n    (a) for an objection to inclusion in an expedited procedure application—Form 4;\n    (b) for a future act determination application—Form 5.\n  (2) For paragraphs 76(c) and (d) of the Act, an application must contain the information and be accompanied by the documents as mentioned in the form for the application.","sortOrder":2},{"sectionNumber":"7","sectionType":"section","heading":"Application fees","content":"#### 7 Application fees\n\n  For paragraph 76(d) of the Act, the prescribed fee is $851.","sortOrder":3},{"sectionNumber":"8","sectionType":"section","heading":"When fees are not payable","content":"#### 8 When fees are not payable\n\n  The fee for an application is not payable if:\n    (a) the person or body liable to pay the fee has been granted legal aid, under a legal aid scheme or service established under Commonwealth, State or Territory law, or approved by the Attorney‑General, for the matter to which the fee relates; or\n    (aa) the person or body liable to pay the fee is assisted, for the matter to which the fee relates, by:\n    (i) a representative body recognised by the Commonwealth Minister under section 203AD of the Act; or\n    (ii) a person or body to whom funding has been made available by the Secretary of the Department under section 203FE of the Act; or\n    (b) the person liable to pay the fee is:\n    (i) the holder of one of the following cards issued by the Department of Social Security:\n    (A) a health care card;\n    (B) a health benefit card;\n    (C) a pensioner concession card;\n    (D) a Commonwealth seniors health card; or\n    (ii) the holder of any other card issued by the Department of Social Security or the Department of Veterans’ Affairs that certifies entitlement to Commonwealth health concessions; or\n    (iii) an inmate of a prison or is otherwise lawfully detained in a public institution; or\n    (iv) a child under the age of 18 years; or\n    (v) in receipt of a youth allowance, or an austudy payment, within the meaning of the Social Security Act 1991; or\n    (vi) in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or\n    (c) the person liable to pay the fee makes an application under section 35 of the Act for a determination in relation to a future act (the new application) in the following circumstances:\n    (i) the person is a Government party;\n    (ii) the person previously made an application under section 35 of the Act for a determination in relation to a future act (the first application);\n    (iii) the prescribed fee for the first application was paid;\n    (iv) the first application and the new application relate to the same future act;\n    (v) the first application was withdrawn to allow the person to negotiate in good faith with the other negotiation parties; or\n    (d) the Registrar, having had regard to the income, expenses, liabilities and assets of the person who is otherwise liable to pay the fee, waives the fee on the ground that payment of the fee would impose financial hardship on the person.","sortOrder":4},{"sectionNumber":"8A","sectionType":"section","heading":"Decision whether to waive fee","content":"#### 8A Decision whether to waive fee\n\n  (1) If the Registrar decides under paragraph 8(d) to waive, or not to waive, a fee for an application, the Registrar must tell a person whose liability to pay the fee would be affected if the fee were waived.\n  (2) The Registrar must tell the person, in writing, within 28 days of the decision.\n  (3) If the decision is not to waive the fee, the Registrar must also tell the person:\n    (a) the reasons for the decision; and\n    (b) that application may be made to the Administrative Appeals Tribunal for review of the decision.\n  (4) Application may be made to the Administrative Appeals Tribunal for review of a decision under paragraph 8(d) not to waive a fee.\n  (5) Failure to do what this regulation requires does not affect the validity of a decision.","sortOrder":5},{"sectionNumber":"9","sectionType":"section","heading":"Refund of fees","content":"#### 9 Refund of fees\n\n  A person who has paid a fee prescribed in regulation 7 is entitled to a refund of that fee:\n    (a) if the fee was not payable; or\n    (b) if:\n    (i) the application to which the fee relates has not been accepted under section 77 of the Act; and\n    (ii) after that application is made, a body is determined as a recognised State/Territory body under section 207A of the Act; and\n    (iii) the applicant has requested the Registrar to treat the application as withdrawn so that an application may be lodged with the recognised State/Territory body; and\n    (iv) the application is treated as withdrawn by the Registrar; and\n    (v) the applicant produces evidence that an application has been lodged with the recognised State/Territory body; or\n    (c) if a determination is made under section 162 of the Act and the Tribunal certifies that the proceedings to which the fee relates terminated in a manner favourable to the applicant.","sortOrder":6},{"sectionNumber":"10","sectionType":"section","heading":"Notification of potential party to an inquiry in relation to a special matter","content":"#### 10 Notification of potential party to an inquiry in relation to a special matter\n\n  A notice under subsection 141(3) of the Act may be in accordance with Form 6.","sortOrder":7},{"sectionNumber":"11","sectionType":"section","heading":"Summons by a member of the Tribunal","content":"#### 11 Summons by a member of the Tribunal\n\n  The summons of a person to appear before the Tribunal must be in accordance with Form 7.","sortOrder":8},{"sectionNumber":"12","sectionType":"section","heading":"Lodging of addresses for service","content":"#### 12 Lodging of addresses for service\n\n  (1) A person may:\n    (a) lodge an address for service; and\n    (b) at any time after lodging an address for service—lodge a new address for service.\n  (2) If a person lodges an address for service under paragraph (1)(b), that address becomes that person’s address for service.","sortOrder":9},{"sectionNumber":"12A","sectionType":"section","heading":"Contact details in relation to right to negotiate applications","content":"#### 12A Contact details in relation to right to negotiate applications\n\n  A party to an inquiry in relation to a right to negotiate application must, no later than 7 days after being given notice of the application, give to the Registrar notice in writing of the following information:\n    (a) a physical or postal address to which documents for the party may be sent;\n    (b) the email address (if any) to which documents for the party may be sent;\n    (c) the party’s telephone number (if any).","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Service of summons","content":"#### 13 Service of summons\n\n  (1) For the purposes of sections 171 and 174 of the Act, the way of service set out in this regulation is prescribed.\n  (2) A document may be served on a person:\n    (a) by personal service in accordance with subregulation (3), (4), (5) or (6), as the case requires; or\n    (b) by post in accordance with subregulation (7).\n  (3) A document may be served on an individual by handing a copy of the document to the individual, or by putting the document down in his or her presence, and telling him or her of its general nature.\n  (4) If the person to be served has lodged an address for service that includes a physical address, a document may be served on the person by handing a copy of the document to any person at that physical address who:\n    (a) apparently lives or works there; and\n    (b) is apparently at least 16 years of age.\n  (5) If an individual has not lodged an address for service that includes a physical address, a document may be served on the individual at the individual’s residential or business address last known to the person serving the document by handing a copy of the document to a person who:\n    (a) apparently lives or works there; and\n    (b) is apparently at least 16 years of age.\n  (6) If a corporation has not lodged an address for service that includes a physical address, a document may be served on the corporation at its registered office by handing a copy of the document to a person who:\n    (a) apparently lives or works there; and\n    (b) is apparently at least 16 years of age.\n  (7) A document may be served on a person by post as a letter addressed to the person at the address that is the person’s physical or postal address for service or, if the person has not lodged an address for service that includes a physical or postal address:\n    (a) in the case of an individual—at his or her residential or business address last known to the person serving the document; or\n    (b) in the case of a corporation—at its registered office.\n  (8) If a document is served by post in accordance with subregulation (7), the document is taken to be served on the day on which it is posted.","sortOrder":11},{"sectionNumber":"13A","sectionType":"section","heading":"Service of a notice or document other than a summons","content":"#### 13A Service of a notice or document other than a summons\n\n  (1) A notice or other document that is required or permitted to be served on the Tribunal in relation to an inquiry by a party to the inquiry may be served by sending it by post or email to the address notified by the Tribunal to the party for that purpose.\n  (2) If a party to an inquiry has lodged an address for service, a notice or other document (other than a summons) that is required or permitted to be served on the party in relation to the inquiry by the Tribunal or another party to the inquiry may be served by sending it by post or email to that address.\n  (3) If a notice or other document is served by post in accordance with this regulation, it is taken to be served on the day on which it is posted.\n  (4) This regulation does not limit the ways in which a notice or other document may be served.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Witnesses fees and allowances for expenses","content":"#### 14 Witnesses fees and allowances for expenses\n\n  For the purposes of subsection 182(1) of the Act, the fees, and allowances for expenses, set out in Schedule 2 are prescribed.","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"Annual increases in fees","content":"#### 16 Annual increases in fees\n\n  Despite any other provision of these Regulations, a fee prescribed by regulation 7 is increased, in accordance with regulation 17, on each 1 July, starting on 1 July 2019.","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"Calculation of increase","content":"#### 17 Calculation of increase\n\n  (1) In this regulation:\n\n> fee means a fee prescribed by regulation 7.\n\n> CPI number means the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician.\n\n> relevant period means a financial year starting on or after 1 July 2018.\n\n  (2) If, in a relevant period, the latest CPI number is greater than the earlier CPI number, a fee is taken to increase, on 1 July immediately following the end of the period, in accordance with the formula:\n\n![](image.002.png)\n\n  where:\n\n> earlier CPI number is the CPI number for the last March quarter before the beginning of the relevant period; and\n\n> fee is the fee in force at the end of the relevant period; and\n\n> latest CPI number is the CPI number for the last March quarter before the end of the relevant period.\n\n  (3) If, apart from this subregulation, the amount of a fee increased under subregulation (2) would be an amount of dollars and cents, the amount is to be rounded to the nearest whole dollar and, if the amount to be rounded is 50 cents, rounded down.\n  (4) Subject to subregulation (5), if at any time, whether before or after the commencement of this regulation, the Australian Statistician publishes for a particular March quarter a CPI number in substitution for an index number previously published by the Australian Statistician for that quarter, the publication of the later index number is to be disregarded for the purposes of this regulation.\n  (5) If, at any time, whether before or after the commencement of this regulation, the Australian Statistician changes the reference base for the Consumer Price Index, then, for the purposes of the application of this regulation after the change is made, regard shall be had only to numbers published in terms of the new reference base.","sortOrder":15},{"sectionNumber":"18","sectionType":"section","heading":"Application of amendments made by the Native Title Legislation Amendment (2021 Measures No. 1) Regulations 2021","content":"#### 18 Application of amendments made by the Native Title Legislation Amendment (2021 Measures No. 1) Regulations 2021\n\n  (1) In this regulation:\n\n> amending instrument means the Native Title Legislation Amendment (2021 Measures No. 1) Regulations 2021.\n\n> commencement time means the commencement of Schedule 1 to the amending instrument.\n\n  (2) The amendments of regulations 8 and 10 and Schedule 1 made by the amending instrument apply in relation to any application made, or notice given to the Tribunal, after the commencement time.\n  (3) Regulation 12A, as inserted by the amending instrument, applies in relation to any right to negotiate application made after the commencement time.\n  (4) The amendments of regulation 13 made by the amending instrument apply in relation to any document served after the commencement time.\n  (5) Regulation 13A, as inserted by the amending instrument, applies in relation to any notice or other document served after the commencement time.","sortOrder":16}],"analysis":null,"importantCases":[],"_links":{"self":"/api/acts/native-title-tribunal-regulations-1993","history":"/api/acts/native-title-tribunal-regulations-1993/history","analysis":"/api/acts/native-title-tribunal-regulations-1993/analysis","conflicts":"/api/acts/native-title-tribunal-regulations-1993/conflicts","importantCases":"/api/acts/native-title-tribunal-regulations-1993/important-cases","documents":"/api/acts/native-title-tribunal-regulations-1993/documents"}}