Native Title Amendment (Technical Amendments) Act 2007
Act No. 125 of 2007 as amended
This compilation was prepared on 19 April 2010
taking into account amendments up to Act No. 33 of 2010
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]
2 Commencement
3 Schedule(s)
Schedule 1—Amendment of the Native Title Act 1993
Part 1—Amendments
Native Title Act 1993
Native Title Amendment Act 2007
Part 2—Application and other provisions
Schedule 2—Amendments relating to representative bodies
Part 1—Amendments
Native Title Act 1993
Part 2—Application provisions
Schedule 3—Amendments relating to prescribed bodies corporate
Part 1—Amendments
Native Title Act 1993
Part 2—Transitional and application provisions
Schedule 4—Technical amendments relating to legislative instruments
Native Title Act 1993
Native Title Amendment Act 1998
Schedule 5—Applications not considered or reconsidered under items 89 and 90 of Schedule 2 to the Native Title Amendment Act 2007
Notes
An Act to amend legislation in relation to native title, and for related purposes
The Parliament of Australia enacts:
1 Short title [see Note 1]
This Act may be cited as the Native Title Amendment (Technical Amendments) 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. | 20 July 2007 |
2. Schedule 1, items 1 to 83 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 1 September 2007
(see F2007L02416) |
3. Schedule 1, items 83A to 83C | The day after this Act receives the Royal Assent. | 21 July 2007 |
4. Schedule 1, items 84 to 89 | At the same time as the provision(s) covered by table item 2. | 1 September 2007 |
4A. Schedule 1, items 90 and 91 | Immediately after the commencement of Schedule 2 to the Native Title Amendment Act 2007. | 15 April 2007 |
4B. Schedule 1, items 91A to 91E | At the same time as the provision(s) covered by table item 3. | 21 July 2007 |
4C. Schedule 1, items 91F to 139 | At the same time as the provision(s) covered by table item 2. | 1 September 2007 |
5. Schedule 2, items 1 to 3 | The day after this Act receives… |
Overview
The Native Title Amendment (Technical Amendments) Act 2007, enacted by the Parliament of Australia, was introduced to address technical and procedural gaps in the Native Title Act 1993. This Act aims to enhance the efficiency and clarity of the native title determination process, including amendments related to the registration of native title claims, the functions and powers of representative bodies, and the regulation of prescribed bodies corporate. The amendments aim to streamline the legislative framework, ensuring that the process remains fair, transparent, and in line with contemporary legal standards.
Scope and Application
The Native Title Amendment (Technical Amendments) Act 2007 applies to the Commonwealth and amends the Native Title Act 1993. It makes technical amendments to improve the operation and administration of the Native Title Act 1993. The Act applies to native title determination applications, compensation applications, prescribed bodies corporate, representative bodies, and other related matters. The Act extends to all States and Territories of Australia. Certain amendments apply to conduct, notices, applications, determinations, and other matters occurring on or after specified commencement dates. Subordinate instruments may be used to make further provision in relation to certain matters. The Act does not exclude or exempt any persons, entities, industries, conduct, or transactions from its operation. The Act makes amendments to the Native Title Act 1993, including changes to the registration of native title claims, the powers of the Registrar, the operation of the National Native Title Register, and the conduct of certain proceedings. The amendments aim to improve the efficiency, effectiveness, and fairness of the native title system.
Key Provisions
- The Native Title Amendment (Technical Amendments) Act 2007 makes several amendments to the Native Title Act 1993, as well as to the Native Title Amendment Act 1998 and the Native Title Amendment Act 2007. The Act primarily aims to introduce technical amendments and clarifications to streamline the native title determination process, enhance procedural aspects, and address certain inconsistencies within the existing framework.
- Key provisions of the Act include:
- 1. Amendments to the Native Title Act 1993:
- - Modifications to the compensation application process (e.g., substitution of notes and sections to align requirements with native title determination applications).
- - Adjustments to the validity and registration of future acts and agreements (e.g., conditions under which future acts can be validated by indigenous land use agreements).
- - Enhancements to the procedural aspects of agreements, including notice requirements and the role of the Registrar.
- - Clarifications on the use of information provided to the Native Title Register (e.g., restrictions on the use of information obtained during negotiations).
- - Technical adjustments to streamline the registration process for native title claims and agreements.
- - Introduction of provisions to maximize the use of video links, audio links, and other means for giving testimony and making submissions in native title proceedings.
- - Amendments to the reconsideration and review processes for native title claims, including the role of the Native Title Register and the Registrar.
- - Adjustments to the validation of certain pre-commencement determinations in relation to alternative provisions.
- 2. Obligations and Requirements:
- - Parties involved in native title processes must adhere to the updated procedural requirements, including the timely submission of necessary information and documents.
- - The Registrar and the Native Title Register are tasked with ensuring that all native title claims and agreements are processed in accordance with the amended provisions.
- - Representatives and bodies involved in native title processes must comply with the updated conflict-of-interest rules and other governance requirements.
- 3. Offences, Penalties, and Consequences:
- - Breaches of the updated requirements may lead to administrative consequences, such as the rejection of native title claims or agreements that do not comply with the new provisions.
- - Parties found to be in violation of the confidentiality and information-use restrictions may face disciplinary actions or other legal consequences.
- - Non-compliance with the enhanced procedural and technical requirements may result in delays or disruptions in the native title determination process.
- The Native Title Amendment (Technical Amendments) Act 2007 aims to improve the efficiency and effectiveness of the native title system by introducing necessary technical amendments and clarifications. By ensuring that all parties involved in native title processes adhere to the updated requirements, the Act seeks to facilitate the recognition and protection of native title rights and interests.
- Area of Law
- Indigenous Peoples & Native Title Law
- Environmental Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Regulatory Standards
- Prohibited Conduct
- Reporting & Disclosure Obligations
- Compliance Obligations