41Effect of determination or agreement

41  Effect of determination or agreement  (1) Subject to this section:  (a) a determination by the arbitral body; or  (b) an agreement of the kind mentioned in paragraph 31(1)(b); that the act may be done subject to conditions being complied with by the parties has effect, if the act is done, as if the conditions were terms of a contract among the negotiation parties. The effect is in addition to any other effect that the agreement or determination may have apart from this subsection. Other negotiation parties  (2) If a native title party is a registered native title claimant, any other person included in the native title claim group concerned is taken to be a negotiation party for the purposes only of subsection (1).  (3) If, in the case of a determination by an arbitral body, a condition to be complied with is that an amount is to be secured by bank guarantee:  (iii) regulations made under subsection (4) are complied with.  (4) The regulations may make provision in relation to the securing of an amount by bank guarantee in compliance with such a condition, and any other matter in relation to such a guarantee.  (5) If, in the case of a determination by the arbitral body, a condition to be complied with is that an amount is to be paid and held in trust until it is dealt with in accordance with section 52A:  (a) the arbitral body must determine the amount; and  (b) the amount, when paid, must be held in trust in accordance with the regulations until it is dealt with in accordance with section 52A. Note: The NNTT cannot determine compensation (see Division 5 of this Part and Division 1 of Part 3). However, if the arbitral body is not the NNTT, it may be able to do so.