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Corporations (Aboriginal and Torres Strait Islander) Consequential, Transitional and Other Measures Bill 2006

Schedule 1 Amendment of the Native Title Act 1993

   

Native Title Act 1993

1  Paragraph 60AA(1)(a)

Omit “incorporated under the Aboriginal Councils and Associations Act 1976 ”, substitute “registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ”.

2  Subparagraph 193(2)(d)(ii)

Omit “concerned; and”, substitute “concerned;”.

3  Subparagraphs 193(2)(d)(iii) and (iv)

Repeal the subparagraphs.

4  At the end of subsection 193(2)

Add:

                     (e)  in the case of an approved determination of native title by the Federal Court, where the determination is that native title exists—the name and address of any prescribed body corporate that:

                              (i)  holds the native title rights and interests concerned on trust; or

                             (ii)  is an agent prescribed body corporate in relation to the native title rights and interests concerned;

                      (f)  in the case of an approved determination of native title by a recognised State/Territory body, where the determination is that native title exists—the name and address of any body corporate that holds the native title rights and interests concerned on trust or that is determined in relation to the native title under a provision of a law of the State or Territory concerned that corresponds to section 57.

5  Paragraph 201B(1)(a)

Omit “incorporated under Part IV of the Aboriginal Councils and Associations Act 1976 ”, substitute “registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ”.

6  Section 222 (after table item dealing with affect)

Insert:

agent prescribed body corporate

253

7  Section 253

Insert:

agent prescribed body corporate , in relation to native title rights and interests, means:

                     (a)  a prescribed body corporate that is determined under section 57 in relation to the native title; or

                     (b)  a prescribed body corporate that, under regulations made for the purposes of subsection 56(4), is to perform the functions referred to in subsection 57(3) in relation to the native title; or

                     (c)  a prescribed body corporate that replaces, under regulations made for the purposes of section 60:

                              (i)  a prescribed body corporate referred to in paragraph (a) or (b); or

                             (ii)  a prescribed body corporate that is an agent prescribed body corporate in relation to the native title because of an earlier application of this paragraph.

8  Section 253 (definition of registered native title body corporate )

Repeal the definition, substitute:

registered native title body corporate means a prescribed body corporate whose name and address are registered on the National Native Title Register under paragraph 193(2)(e) or (f).