CTHIn ForceAct
Native Title Act 1993
60Replacement of agent prescribed bodies corporate
Start here
Get a plain-English read of 60
Turn the raw legal text into a practical explanation grounded in Native Title Act 1993.
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.
60AAA Assistance in relation to registered native title bodies corporate
(1) A registered native title body corporate may request the NNTT to provide assistance in promoting agreement about matters relating to native title or the operation of this Act between:
(a) the registered native title body corporate and another registered native title body corporate; or
(b) the registered native title body corporate and one or more common law holders; or
(c) common law holders.
(2) A common law holder may request the NNTT to provide assistance in promoting agreement about matters relating to native title or the operation of this Act between:
(a) the common law holder and the registered native title body corporate; or
(b) the common law holder, the registered native title body corporate and one or more other common law holders.
(3) The NNTT may enter into an agreement with a registered native title body corporate or common law holder or both under which either or both of them are liable to pay the Commonwealth for assistance under subsection (1) or (2).
(4) The NNTT must not use or disclose information to which it has had access only because it provided assistance under subsection (1) or (2) for any purpose other than providing that assistance without the prior consent of the person who provided the NNTT with the information.
60AA Body corporate for Meriam people
(a) a body corporate is or becomes registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006; and
(b) all of the members of the body corporate are members of the Meriam people (see subsection (2)); and
(c) one of the objects of the body corporate is to become a registered native title body corporate in relation to native title held by the Meriam people; and
(d) a member of the Meriam people applies to the Federal Court for a determination under this section; and
(e) the Court is satisfied that the applicant represents the Meriam people;
(f) this Act applies as if the body corporate were a prescribed body corporate nominated under subsection 56(2) or 57(2) in relation to those native title holders; and
(g) the Court may make a determination under section 56 or 57, in relation to that native title, as if the Court were doing so at the same time as making an approved determination of native title as mentioned in section 55; and
(h) if the Court makes such a determination under section 56 or 57—the Native Title Registrar must enter the name and address of the body corporate on the National Native Title Register; and
(i) while those details are on the Register, the body corporate is taken to be a registered native title body corporate for the purposes of this Act.
Meriam people means the people who were described by the High Court in its declaration in Mabo v Queensland [No. 2] (1992) 175 CLR 1 as the Meriam people.
Division 7—Financial matters
60AB Fees for services provided by registered native title bodies corporate in performing certain functions
(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.
Part 3—Applications
Division 1AA—Overview of Part