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Tuesday, 21 December 1993
Page: 5410


Senator SPINDLER (2.28 p.m.) —I move:

23.Clause 55, page 34, table, column containing "Application", amend the entry opposite "Revised native title determination application" as follows:

omit "21(1)", substitute "12(1)".

This amendment refers to a minor typographical correction. The Democrats are withdrawing amendment No. 24.

  Amendments (by Senator Chamarette) proposed:

22A. (1)Clause 56, page 35, lines 14 to 22, omit paragraphs (a) and (b), substitute the following paragraphs:

  "(a)be accompanied by an affidavit sworn by the applicant that the applicant:

    (i)believes that native title has not been extinguished in relation to any part of the area; and

    (ii)believes that none of the area is covered by an entry in the National Native Title Register; and

    (iii)believes that all of the statements made in the application are true; and

   (b)contain all information known to the applicant about interests in relation to any of the land or waters concerned that are held by persons other than as native title holders; and

   (ba)contain a description of the area over which the native title is claimed; and".

(2)Clause 57, page 35 (line 28) to page 36 (line 17), omit the clause, substitute the following clauses:

  Applications complying with section 56

Acceptance of applications that are not frivolous etc.

"57.(1) If the requirements of section 56 are complied with in relation to the application, the Registrar must accept it, unless he or she is of the opinion:

(a)that the application is frivolous or vexatious; or

    (b)that prima facie the claim cannot be made out.

  Reference of vexatious etc. cases to presidential member

"(2) If the Registrar is of the opinion mentioned in paragraph (1)(a) or (b), the Registrar must refer the application to a presidential member.

Where presidential member agrees that application is vexatious etc.

"(3) If the presidential member is of the same opinion, the presidential member must:

    (a)advise the applicant in writing of the fact and give the applicant a reasonable opportunity to satisfy the presidential member that the application is not frivolous or vexatious, or that a prima facie claim can be made out, as the case requires; and

    (b)if the applicant so satisfies the presidential member—direct the Registrar to accept the application; and

    (c)if the applicant does not so satisfy the presidential member—direct the Registrar not to accept the application.

Where presidential member considers application not vexatious etc.

"(4) If the presidential member is not of the same opinion as the Registrar, the presidential member must direct the Registrar to accept the application.

Applications not complying with section 56

Reference to presidential member

"(57A.(1) If the Registrar considers that the requirements of section 56 are not complied with in relation to the application, the Registrar must refer the application to a presidential member.

Where presidential member considers requirements not complied with

"(2) If the presidential member also considers that the requirements are not complied with, the presidential member must:

(a)advise the applicant in writing of the fact and give the applicant a reasonable opportunity to satisfy the presidential member that the requirements are complied with; and

  (b)if the applicant so satisfies the presidential member—direct the Registrar to accept the application; and

  (c)if the applicant does not so satisfy the presidential member—direct the Registrar not to accept the application.

Where presidential member considers requirements are complied with

"(3) If the presidential member considers the requirements are complied with, the presidential member must direct the Registrar to accept the application.".

24.Clause 58, page 36, subclause (1), lines 20 to 22, omit the subclause.