Native Title Legislation Amendment Act 2021 (6 of 2021)

Schedule 1   Role of the applicant

Part 2   Applicant decision making

Native Title Act 1993

44   After section 62B

Insert:

62C Acting where persons are jointly the applicant etc.

(1) This section applies if:

(a) an applicant makes a native title determination application or a compensation application; and

(b) 2 or more persons (the authorised persons ) are jointly the applicant; and

(c) the applicant is required or permitted to do something under this Act, or for the purposes of this Act under another law of the Commonwealth; and

(d) apart from this section, for the applicant to do the thing, all of the authorised persons would need to do the thing.

Default rule - applicant may act by majority

(2) The requirement mentioned in paragraph (1)(d) is satisfied if the thing is done by a majority of the authorised persons unless subsection (4) applies.

(3) The authorised persons who do the thing must, within a reasonable period, notify the other authorised persons that the thing has been done. A failure to comply with this subsection does not invalidate the thing done.

Default rule may be displaced

(4) If conditions under section 251BA on the authority of the authorised persons provide for the applicant to do the thing in a particular way, the requirement mentioned in paragraph (1)(d) is satisfied if the thing is done in that way.

Example: A condition may provide that all the authorised persons need to do something required by a provision of this Act.

Rule covers applicant acting in any capacity

(5) This section applies whether the provision imposing the requirement or giving the permission refers to the applicant as an applicant, a registered native title claimant, a native title party, a negotiation party, a party or otherwise.

Deceased authorised persons

(6) For the purposes of this section, the authorised persons include any who have died. However, subsection (3) does not require notice to be given to a person who has died.

Note: The applicant may be replaced where an authorised person has died: see section 66B.