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Native Title Act 1993
Part 3Applications
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Part 3—Applications
Division 1AA—Overview of Part
60A Overview of Part
Division 1—Applications to the Federal Court: native title and compensation
61 Native title and compensation applications
61A Restrictions on making of certain applications
62 Information etc. in relation to certain applications
62A Power of applicants where application authorised by group
62B General law duties
62C Acting where persons are jointly the applicant etc.
63 Reference of applications to Native Title Registrar
64 Amendment of applications
66 Notice of application
66A Notice of amended application
66B Replacing the applicant
66C Registrar’s role in relation to certain applications relating to future acts
67 Overlapping native title determination applications
68 Only one determination of native title per area
Division 1A—Other applications to the Federal Court
69 Applications that may be made
70 Federal Court Rules about applications etc.
Division 2—Applications to the National Native Title Tribunal: right to negotiate
75 Right to negotiate applications
76 Material and fees to accompany applications
77 Action to be taken in relation to applications
Division 2A—Applications to the Native Title Registrar: objections against registration of indigenous land use agreements
77A Material and fees to accompany applications
77B Action to be taken in relation to applications
Division 3—Miscellaneous
78 Assistance in relation to proceedings
79 Requests for non‑monetary compensation
Part 4—Determinations of the Federal Court
Division 1—Overview of Part
79A Overview of Part
Division 1A—General
80 Operation of Part
81 Jurisdiction of the Federal Court
82 Federal Court’s way of operating
83 Assessor assisting the Federal Court
83A Federal Court may request searches to be conducted
84 Parties
84A Intervention by Commonwealth Minister
84B Parties may appoint an agent
84C Striking out applications for failure to comply with requirements of this Act
84D Proceedings affected by possible defect in authorisation
85 Representation before Federal Court
85A Costs
86 Evidence and findings in other proceedings
Division 1B—Reference for mediation
86A Purpose of mediation
86B Referral of matters for mediation
86BA Mediator may appear before the Court
86C Cessation of mediation
86D Federal Court’s powers
86E Federal Court may request reports from a mediator
Division 1C—Agreements and unopposed applications
86F Agreement to settle application etc.
86G Unopposed applications
87 Power of Federal Court if parties reach agreement
87A Power of Federal Court to make determination for part of an area
Division 2—Conferences etc.
88 Conferences
89 Right of appearance
90 Participation by telephone etc.
91 Conferences to be held in public except in special circumstances
92 Federal Court may prohibit disclosure of evidence
93 Powers of assessor to take evidence
Division 3—Orders
94 Order that compensation is payable
94A Order containing determination of native title
94B Order relating to an application that has been referred for mediation
94C Order dismissing an application relating to a future act
Division 4—Mediation
94D Mediation conferences
94E Parties at conferences
94F Other persons attending or participating in conferences
94G Producing documents
94H Referral of questions of fact or law
94J Referral of questions about whether a party should be dismissed
94K Conferences to be held in private
94L Person conducting the mediation may prohibit disclosure of information etc.
94M Person conducting the mediation etc. must not be required to give evidence or produce documents to a court
94N Report etc. to be given to Federal Court
94P Reports about breaches of the requirement to act in good faith
94Q Public reporting about breaches of the requirement to act in good faith
94R Protection of person conducting the mediation
94S Regulations about mediation
Part 5—Native Title Registrar
95 Appointment of Registrar
96 President may give directions to Registrar
96A Powers of Registrar—ILUAs and future act negotiations
97 Powers of Registrar—applications
97A Searches for Federal Court etc.
98 Powers of Registrar—registers
98AA Powers of Registrar—records of section 31 agreements
98A Power of Registrar—other public records and information
99 Delegation by Registrar
100 Remuneration and allowances
101 Terms and conditions of appointment
102 Leave of absence
103 Resignation
104 Termination of appointment
105 Outside employment
106 Disclosure of interests by Registrar
106A Appointment of acting Registrar
Part 6—National Native Title Tribunal
Division 1—Establishment, purpose and way of operating
107 Establishment of the National Native Title Tribunal
108 Function of the Tribunal
109 Tribunal’s way of operating
Division 2—Membership of the National Native Title Tribunal
110 Membership of the Tribunal
111 Appointment of members of Tribunal
112 Appointment of a Judge or an assessor as a member not to affect tenure etc.
113 Delegation to members
114 Remuneration and allowances
115 Terms and conditions of appointment
115A Acting appointments
116 Oath or affirmation of office
117 Leave of absence
118 Resignation
119 Termination of appointment—members other than Judges or assessors
120 Suspension of members other than a Judge—misbehaviour or incapacity
121 Outside employment
122 Disclosure of interests
Division 3—Organisation of the Tribunal
123 Arrangement of business
124 Constitution of Tribunal for exercise of powers
125 Reconstitution of the Tribunal
126 Member presiding
127 Places of sitting
Division 4—Management of the Tribunal
Subdivision A—Management responsibilities etc. of President of Tribunal and Federal Court Chief Executive Officer
128 Management of administrative affairs of Tribunal
129 Federal Court Chief Executive Officer
129A Delegation by Federal Court Chief Executive Officer
Subdivision B—Other officers, staff and consultants
130 Deputy Registrars and staff etc.
131A President may arrange for consultants to be engaged
131B Disclosure of interests
Subdivision C—Miscellaneous administrative matters