Native Title Amendment Act 2007
Act No. 61 of 2007 as amended
This compilation was prepared on 1 September 2007
[This Act was amended by Act No. 125 of 2007]
Amendments from Act No. 125 of 2007
[Schedule 1 (item 118) repealed and substituted subitem 89(3) of Schedule 2
Schedule 1 (item 119) repealed and substituted subitem 90(3) of Schedule 2
Schedule 1 (items 118 and 119) commenced on 1 September 2007]
For application provisions see Act No. 125, 2007, Schedule 1 (items 120 and 137) and Schedule 5
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments relating to representative Aboriginal/Torres Strait Islander bodies
Part 1—Amendments
Native Title Act 1993
Legislative Instruments Act 2003
Part 2—Application
Schedule 2—Claims resolution review
Part 1—Amendments
Native Title Act 1993
Part 2—Application and transitional provisions
Schedule 3—Amendments relating to prescribed bodies corporate
Native Title Act 1993
Schedule 4—Funding under section 183 of the Native Title Act 1993
Native Title Act 1993
An Act to amend legislation in relation to native title, and for related purposes
[Assented to 15 April 2007]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Native Title Amendment Act 2007.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 15 April 2007 |
2. Schedules 1 and 2 | The day on which this Act receives the Royal Assent. | 15 April 2007 |
3. Schedule 3, items 1 to 4 | At the same time as the provision(s) covered by table item 2. | 15 April 2007 |
4. Schedule 3, item 5 | Immediately before the commencement of Schedule 1 to the Corporations (Aboriginal and Torres Strait Islander) Consequential, Transitional and Other Measures Act 2006. | 1 July 2007 |
5. Schedule 4 | The day on which this Act receives the Royal Assent. | 15 April 2007 |
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule…
Overview
The Native Title Amendment Act 2007 was enacted by the Australian Parliament to amend legislation in relation to native title. The Act addresses the need for more efficient and effective management of native title claims and the associated processes, particularly in relation to the representative bodies that manage these claims. The primary objective of the Act is to improve the administration and oversight of native title representative bodies, ensuring they operate fairly and effectively. This includes provisions for the recognition, extension, variation, reduction, and withdrawal of recognition of these bodies, as well as measures to address financial irregularities and ensure compliance with legal and regulatory requirements. The Act also seeks to streamline the processes for resolving native title claims and facilitate agreements between parties, thereby reducing the time and cost associated with native title determinations. Through these amendments, the Act aims to enhance the efficiency of the native title system while respecting the rights of native title holders.
Scope and Application
The Native Title Amendment Act 2007 (Cth) amends the Native Title Act 1993 (Cth) to make changes related to native title claims, representative bodies, and the operations of the National Native Title Tribunal (NNTT). The Act applies to proceedings and applications commenced on or after the commencement date of 15 April 2007. The amendments are applicable to proceedings that commenced before the Act's commencement but are not determined before that date, subject to transitional provisions. The Act also contains provisions relating to funding and administrative matters. The Act applies across Australia, as it is a Commonwealth Act. There are no stated exclusions, exemptions, or thresholds in the text provided, but it is noted that certain provisions do not apply to persons or bodies funded under subsection 203FE(1) or (2) of the Native Title Act 1993. The Act extends or restricts application through subordinate instruments, as indicated in the Schedules.
Key Provisions
- The Native Title Amendment Act 2007 makes several key changes to the Native Title Act 1993. Firstly, it amends the definition of "executive officer" and "transitional period" to clarify roles and timeframes in relation to representative bodies. It also introduces provisions for the Commonwealth Minister to invite eligible bodies to apply for recognition as the representative body for an area, and outlines the process for making and varying such invitations. The Act further details the process for applications to be recognised as the representative body for an area, including the timeframes and conditions for recognition. Additionally, it provides for the extension, variation, and reduction of areas for which a body is the representative body, as well as the withdrawal of recognition. The Act also revises the obligations and powers of representative bodies and third parties, and provides for the application of certain provisions to bodies funded to perform functions of a representative body.
- The obligations imposed by the Act on the parties it governs include the requirement for representative bodies to satisfy certain criteria and to perform their functions in a fair manner. They must also keep records in a way that allows for proper auditing and comply with financial reporting obligations. Third parties are required to treat funded bodies in the same manner as representative bodies in relation to the performance of functions. Furthermore, the Act mandates the consideration of good faith in the conduct of mediation and the provision of reports to relevant authorities in cases of failure to act in good faith.
- The Act sets out specific offences and penalties for breaches. Civil or criminal consequences may apply for failure to satisfy the criteria for recognition as a representative body, or for not satisfactorily performing the functions of such a body. The Act also provides for the withdrawal of recognition in cases of unsatisfactory performance or serious financial irregularities. Additionally, the Act outlines penalties for breaches of the requirement to act in good faith during mediation, which may include reports to relevant authorities and potential referrals to the Federal Court. The maximum penalties for these offences are not specified in the Act but would be determined by the relevant courts or tribunals.
- Area of Law
- Indigenous Peoples & Native Title Law
- Environmental Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Delegated & Subordinate Legislation
- Civil Penalty Provisions
- Reporting & Disclosure Obligations
- Enforcement Powers