Native Title Legislation Amendment Act 2021 (6 of 2021)

Schedule 1   Role of the applicant

Part 3   Replacement of applicant

Native Title Act 1993

59   After subsection 66B(2)

Insert:

Replacement in case of death or incapacity

(2A) One or more members (the applying members ) of the native title claim group in relation to a claimant application, or of the compensation claim group in relation to a compensation application, may apply to the Federal Court for an order under subsection (2B) if a person (the ceasing member ) who is, either alone or jointly with one or more other persons (the continuing members ), the current applicant for the claimant application or compensation application:

(a) dies; or

(b) is unable to act as an applicant because of physical or mental incapacity.

(2B) The Court may order that the following persons replace the current applicant for the application:

(a) if:

(i) a member of the claim group is authorised by the claim group to make the application and to deal with matters arising in relation to it because of the death or incapacity of the ceasing member; and

(ii) the authority of any continuing members continues despite the death or incapacity of the ceasing member;

that member and any continuing members;

(b) unless the authority of any continuing members ceases on the death or incapacity of the ceasing member - the continuing members;

(c) if the applying members are authorised by the claim group to make the application and to deal with matters arising in relation to it - the applying members.

Note: Section 251B states what it means for a person or persons to be authorised by all the persons in the claim group to deal with matters in relation to a claimant application or a compensation application.

Replacement by more than one person

(2C) If the Court orders under this section that the current applicant is replaced by more than one person, the persons are jointly the applicant .