Native Title Amendment Act 2009
No. 83, 2009
An Act to amend the Native Title Act 1993, and for other purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments relating to mediation
Part 1—Amendments
Native Title Act 1993
Part 2—Application provisions
Schedule 2—Powers of the Court
Native Title Act 1993
Schedule 3—Rules of evidence
Native Title Act 1993
Schedule 4—Assistance in relation to inquiries etc.
Native Title Act 1993
Schedule 5—Amendments relating to representative bodies
Part 1—Removal of transitional arrangements
Native Title Act 1993
Part 2—Recognition of representative bodies
Native Title Act 1993
Schedule 6—Other amendments
Part 1—Amendments
Native Title Act 1993
Part 2—Application etc. provisions
Native Title Amendment Act 2009
No. 83, 2009
An Act to amend the Native Title Act 1993, and for other purposes
[Assented to 17 September 2009]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Native Title Amendment Act 2009.
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. | 17 September 2009 |
2. Schedules 1 to 4 | The later of: (a) the day after this Act receives the Royal Assent; and (b) 1 July 2009. | 18 September 2009 |
3. Schedule 5, Part 1 | The later of: (a) the day after this Act receives the Royal Assent; and (b) 1 July 2009. | 18 September 2009 |
4. Schedule 5, Part 2 | Immediately after the commencement of the provision(s) covered by table item 3. | 18 September 2009 |
5. Schedule 6 | The later of: (a) the day after this Act receives the Royal Assent; and (b) 1 July 2009. | 18 September 2009 |
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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Amendments relating to mediation
Part 1—Amendments
Native Title Act 1993
1 After paragraph 4(7)(a)
Insert:
(aa) provides for the Federal Court to refer native title and compensation applications for mediation; and
(ab) provides for the Federal Court to make orders to give effect to terms of agreements…
Overview
The Native Title Amendment Act 2009 was enacted to amend the Native Title Act 1993, addressing a gap in the legislative framework for native title mediation and related processes. Enacted by the Parliament of Australia, the Act aims to streamline and enhance the efficiency of native title mediation by shifting the responsibility of referring mediation applications from the Native Title Tribunal to the Federal Court. Additionally, the Act seeks to modernise the native title legislative framework by introducing provisions for mediation in native title matters and by making amendments to the recognition of representative bodies. The policy objective of the Act is to provide a more effective and responsive process for resolving native title matters, ensuring that the rights and interests of native title holders are recognised and protected within the legal framework.
Scope and Application
The Native Title Amendment Act 2009 amends the Native Title Act 1993 to introduce new provisions regarding mediation and the recognition of representative bodies. The Act applies to native title applications, mediation processes, and representative bodies, extending its reach to the Federal Court, mediation practitioners, and eligible representative bodies. The Act removes transitional arrangements for representative bodies and alters the process for recognising such bodies. It also modifies the procedure for determining compensation and handling trust payments in the context of native title claims. The Act applies across Australia, as it amends the federal Native Title Act 1993. There are no explicit exclusions or thresholds mentioned in the provided text, but the application of certain provisions may depend on specific conditions being met. Subordinate instruments may extend or further detail the application of the Act, particularly in terms of regulations and guidelines for mediation and trust payments.
Key Provisions
- The Native Title Amendment Act 2009 introduces significant changes to the Native Title Act 1993, primarily focusing on mediation processes, representative bodies, and procedural adjustments. Key provisions include the mandatory referral of native title and compensation applications for mediation by the Federal Court, unless an order exempts mediation. The Act allows the Court to make orders to enforce terms of mediation agreements, including those unrelated to native title. Additionally, the Act mandates the Court to refer mediation applications to appropriate persons or bodies, such as the Registrar or Deputy Registrar of the Court, based on their training and experience. Mediators are permitted to appear before the Court to assist with proceedings, but they cannot become parties to the proceeding. The Act also outlines strict confidentiality rules for mediation, including prohibiting the disclosure of information without consent, and imposes penalties for violations.
- The obligations imposed by the Act on the parties and entities it governs include the mandatory participation in mediation, adherence to confidentiality rules, and timely reporting to the Court about the progress or outcomes of mediation. Parties must act in good faith throughout the mediation process, and failure to do so may result in reports being made to relevant authorities or legal professional bodies. Additionally, the Act requires the person conducting the mediation to submit reports to the Court regarding the mediation process and its outcomes.
- Offences under the Act include the unauthorised disclosure of information obtained during mediation, which carries a penalty of 40 penalty units, an offence of strict liability. Other breaches, such as failure to act in good faith, may result in reports being made to the relevant authorities but do not necessarily result in criminal penalties. However, continued mediation may be permitted even if a report is made, provided it is deemed appropriate by the person conducting the mediation.
- The Act also amends provisions related to the recognition and functions of representative bodies, removing transitional arrangements and specifying new criteria for the recognition of these bodies. The Commonwealth Minister is granted powers to vary the areas for which a body is recognised as a representative body, subject to certain notification and consideration requirements. Furthermore, the Act updates rules of evidence, provides for assistance from the Attorney-General for parties involved in native title-related inquiries, mediations, or proceedings, and makes various technical and procedural adjustments to streamline the native title process.
- Area of Law
- Indigenous Peoples & Native Title Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Licensing & Registration
- Reporting & Disclosure Obligations
- Repeal & Amendment
- Regulatory Standards
- Transitional Provisions
- Enforcement Powers