Native Title (Tribunal) Regulations 2024 (Cth)

Native Title (Tribunal) Regulations 2024

made under the

Native Title Act 1993

Compilation No. 1

Compilation date:14 October 2024

Includes amendments:F2024L01299

About this compilation

This compilation

This is a compilation of the Native Title (Tribunal) Regulations 2024 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1Preliminary1Name

This instrument is the Native Title (Tribunal) Regulations 2024.

2Commencement

1. (1)

   Each provision of this instrument 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
Provisions	Commencement	Date/Details
1. The whole of this instrument	1 October 2024.	1 October 2024

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Native Title Act 1993.

4Schedule 2

Each instrument that is specified in Schedule 2 to this instrument is amended or repealed as set out in the applicable items in that Schedule, and any other item in that Schedule has effect according to its terms.

5Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) act attracting the expedited procedure;

(b) future act;

(c) representative Aboriginal/Torres Strait Islander body;

(d) right to negotiate application;

(e) Tribunal.

In this instrument:

Act means the Native Title Act 1993.

expedited procedure objection application means a right to negotiate application objecting as mentioned in subsection 32(3) of the Act against the inclusion of a statement that an act is an act attracting the expedited procedure.

future act determination application means a right to negotiate application mentioned in section 35 of the Act for a determination in relation to a future act.

Part 2Right to negotiate applications to the Tribunal6Application of this Part

This Part applies in relation to right to negotiate applications made to the Tribunal under Division 3 of Part 2 of the Act in respect of future acts proposed to be done by a Government party.

Note: A Government party may be the Commonwealth, a State or a Territory.

7Right to negotiate applications – prescribed form

For the purposes of paragraph 76(a) of the Act, the prescribed form of a right to negotiate application is a form that includes the following:

1. (a)

   if the applicant is a registered native title claimant—a statement identifying the relevant native title determination application entered on the Register of Native Title Claims;

2. (b)

   if paragraph (a) of this section does not apply—the name of the applicant;

3. (c)

   the Government party that has given the notice of the future act;

4. (d)

   a description of the future act in respect of which the application is made;

5. (e)

   the notification day for the future act;

6. (f)

   the physical or postal address to which summons may be served on the applicant;

7. (g)

   the contact details for the applicant, including:

   1. (i)

      the applicant’s telephone number (if any); and

   2. (ii)

      a physical, postal or email address to which documents (other than summons) may be sent to the applicant;

8. (h)

   if the applicant has a representative—the name and contact details of the representative.

Note: The following may be applicants for a right to negotiate application:

(a) in the case of an expedited procedure objection application—a native title party;

(b) in the case of a future act determination application—a negotiation party (being a Government party, a native title party or a grantee party).

8Expedited procedure objection applications – prescribed information

For the purposes of paragraph 76(c) of the Act, a statement why the applicant believes that the future act is not an act attracting the expedited procedure (see section 237 of the Act) is information that must be contained in an expedited procedure objection application.

9Future act determination applications – prescribed information

For the purposes of paragraph 76(c) of the Act, the information that must be contained in a future act determination application is the following:

1. (a)

   a description of the area of land or waters concerned;

2. (b)

   a statement that the negotiation parties have not been able to reach agreement about the future act;

3. (c)

   a statement of the nature and extent of the matters mentioned in subsection 39(2) of the Act.

10Future act determination applications – prescribed fee

For the purposes of paragraph 76(d) of the Act, $1,038 is the prescribed fee for a future act determination application.

Note 1: There is no prescribed fee for an expedited procedure objection application.

Note 2: For the annual indexation of the prescribed fee, see section 14.

11Future act determination applications – when fees are not payable

The fee for a future act determination application is not payable by the person or body liable to pay the fee if:

1. (a)

   the person or body has been granted legal aid, for the matter to which the fee relates, under a legal aid scheme or service:

   1. (i)

      established under Commonwealth, State or Territory law; or

   2. (ii)

      approved by the Attorney‑General; or

2. (b)

   the person or body is assisted, for the matter to which the fee relates, by:

   1. (i)

      a representative Aboriginal/Torres Strait Islander body; or

   2. (ii)

      a person or body to whom funding has been made available under section 203FE of the Act; or

3. (c)

   the person is the holder of any of the following cards issued by the Commonwealth:

   1. (i)

      a health care card;

   2. (ii)

      a pensioner concession card;

   3. (iii)

      a Commonwealth seniors health card;

   4. (iv)

      any other card that certifies the holder’s entitlement to Commonwealth health concessions; or

4. (d)

   the person is an inmate of a prison or is otherwise lawfully detained in a public institution; or

5. (e)

   the person is a child under the age of 18 years; or

6. (f)

   the person is receiving youth allowance or Austudy payments under the Social Security Act 1991 or benefits under the ABSTUDY Scheme; or

7. (g)

   the person is a Government party and makes the application (the new application) in the following circumstances:

   1. (i)

      the party has previously made a future act determination application (the first application);

   2. (ii)

      the prescribed fee for the first application was paid;

   3. (iii)

      the first application and the new application relate to the same future act;

   4. (iv)

      the first application was withdrawn to allow the party to negotiate in good faith with the other negotiation parties.

12Future act determination applications – waiver of fees

1. (1)

   A person liable to pay a fee for a future act determination application may apply to the Registrar for the fee to be waived on the ground that the payment of the fee would impose financial hardship on the person.

2. (2)

   In deciding whether to waive the fee, the Registrar must have regard to the income, expenses, liabilities and assets of the person.

3. (3)

   The Registrar must notify the person, in writing, of a decision under this section within 28 days of making the decision.

4. (4)

   If the Registrar decides not to waive the fee, the notice must include:

   1. (a)

      the reasons for the decision; and

   2. (b)

      a statement that the person may apply to the Administrative Review Tribunal for review of the decision.

5. (5)

   The person may apply to the Administrative Review Tribunal for review of a decision under this section not to waive a fee.

13Future act determination applications – refund of fees

A person who has paid a fee for a future act determination application is entitled to a refund of the fee if:

1. (a)

   the fee was not payable by the person; or

2. (b)

   the fee has been waived; or

3. (c)

   all of the following apply:

   1. (i)

      the application to which the fee relates has not been accepted under section 77 of the Act;

   2. (ii)

      after that application was made, a body was determined as a recognised State/Territory body under section 207A of the Act;

   3. (iii)

      the applicant has requested the Registrar to treat the application as withdrawn so that an application may be given to the recognised State/Territory body;

   4. (iv)

      the application is treated as withdrawn by the Registrar;

   5. (v)

      the applicant produces evidence that an application has been given to the recognised State/Territory body; or

4. (d)

   a determination is made under section 162 of the Act and the Tribunal certifies that the proceedings to which the fee relates terminated in a manner favourable to the applicant.

14Future act determination applications – indexation of prescribed fee

1. (1)

   In this section:

CPI number, for a quarter,means the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician for that quarter.

earlier CPI number is the CPI number for the last March quarter before the beginning of the relevant period.

latest CPI number is the CPI number for the most recent March quarter before the end of the relevant period.

relevant period means a financial year starting on or after 1 July 2024.

1. (2)

   If, in a relevant period, the latest CPI number is greater than the earlier CPI number, the fee prescribed by section 10 is taken to increase, on 1 July immediately following the end of the period, in accordance with the formula:

where:

fee is the fee in force at the end of the relevant period.

1. (3)

   If, apart from this subsection, the amount of a fee increased under subsection (2) would be an amount of dollars and cents, the amount is to be rounded to the nearest whole dollar and, if the amount to be rounded is 50 cents, rounded down.

2. (4)

   Subject to subsection (5), if, at any time, whether before or after the commencement of this section, the Australian Statistician publishes for a particular March quarter a CPI number in substitution for an index number previously published by the Australian Statistician for that quarter, the publication of the later index number is to be disregarded for the purposes of this section.

3. (5)

   If, at any time, whether before or after the commencement of this subsection, the Australian Statistician changes the index reference period for the Consumer Price Index, then, for the purposes of the application of this section after the change is made, regard only the numbers published in terms of the new index reference period.

Part 3Inquiries by the Tribunal15Application of this Part

This Part applies in relation to inquiries held by the Tribunal.

16Inquiries into special matters – notification by person wanting to be a party

A notification under subsection 141(3) of the Act to the Tribunal by a person who wants to be a party to an inquiry into a special matter may be in accordance with Form 1 set out in clause 1 of Schedule 1.

17Summons by member of Tribunal to be in approved form

A summons by a member of the Tribunal under subsection 156(2) of the Act for a person to appear before the Tribunal must be in accordance with Form 2 set out in clause 2 of Schedule 1.

18Giving address for service of summons and contact details to Registrar

Requirements for parties (other than applicants) to give addresses and contact details to Registrar

1. (1)

   A party (other than the applicant) to a right to negotiate application must, by notice in writing, give to the Registrar:

   1. (a)

      the physical or postal address to which summons may be served on the party; and

   2. (b)

      the contact details for the party, including:

      1. (i)

         the party’s telephone number (if any); and

      2. (ii)

         a physical, postal or email address to which documents (other than summons) may be sent to the party.

2. (2)

   The information must be given to the Registrar no later than 7 days after the day on which the party is given notice of the application.

Other persons may give addresses and contact details to Registrar

1. (3)

   A person who may give evidence or documents to the Tribunal in relation to a right to negotiate application may, by notice in writing, give to the Registrar:

   1. (a)

      a physical or postal address to which summons may be served on the person; and

   2. (b)

      the contact details for the person, including:

      1. (i)

         the person’s telephone number (if any); and

      2. (ii)

         a physical, postal or email address to which documents (other than summons) may be sent to the person.

Persons may update addresses and contact details

1. (4)

   A person who has given to the Registrar (whether under this section or in a right to negotiate application):

   1. (a)

      an address to which summons may be served on the person; or

   2. (b)

      the contact details for the person;

may, at any time, give a new address or contact details to the Registrar.

19Service of summons

1. (1)

   For the purposes of sections 171 and 174 of the Act, the way of service of a summons set out in this section is prescribed.

2. (2)

   A summons may be served on a person:

   1. (a)

      by personal service in accordance with subsection (3), (4), (5) or (6), as the case requires; or

   2. (b)

      by post in accordance with subsection (7).

Serving summons by personal service

1. (3)

   A summons may be served on an individual by handing a copy of the summons to the individual, or by putting the summons down in the individual’s presence, and telling the individual of its general nature.

2. (4)

   If a person has given an address for the service of summons that includes a physical address, a summons may be served on the person by handing a copy of the summons to any person at that physical address who apparently:

   1. (a)

      lives or works there; and

   2. (b)

      is at least 16 years of age.

3. (5)

   If an individual has not given a physical address for the service of summons, a summons may be served on the individual at the individual’s residential or business address last known to the person serving the summons by handing a copy of the summons to a person who apparently:

   1. (a)

      lives or works there; and

   2. (b)

      is at least 16 years of age.

4. (6)

   If a corporation has not given a physical address for service of summons, a summons may be served on the corporation at its registered office by handing a copy of the summons to a person who apparently:

   1. (a)

      lives or works there; and

   2. (b)

      is at least 16 years of age.

Serving summons by post

1. (7)

   A summons may be served on a person by post as a letter addressed to the person:

   1. (a)

      if the person has given an address for the service of summons—at the physical or postal address so given; or

   2. (b)

      if the person has not given an address for the service of summons:

      1. (i)

         in the case of an individual—at the individual’s residential or business address last known to the person serving the summons; or

      2. (ii)

         in the case of a corporation—at its registered office.

2. (8)

   If a summons is served by post in accordance with subsection (7), the summons is taken to be served on the day on which it is posted.

When a person lodges an address for the service of a summons

1. (9)

   For the purposes of this section, a person lodges an address for the service of summons if:

   1. (a)

      the person includes a physical or postal address (or both) for the service of summons in a right to negotiate application (see paragraph 7(f)); or

   2. (b)

      the person gives a physical or postal address (or both) for the service of summons to the Registrar in accordance with section 18.

20Service of notices or documents

1. (1)

   This section provides for the way a notice or other document (other than a summons) that is required or permitted to be served in relation to an inquiry held by the Tribunal may be served.

2. (2)

   A party to the inquiry may serve the notice or document on the Tribunal by sending it by post or email to the address notified by the Tribunal to the party for that purpose.

3. (3)

   If a party to the inquiry has given a physical, postal or email address to the Registrar, the notice or document may be served on the party by sending the notice or document by post or email to that address.

(4) If a notice or other document is served by post in accordance with this section, it is taken to be served on the day on which it is posted.

1. (5)

   This section does not limit the ways in which a notice or other document may be served.

21Witness fees and allowances for expenses

1. (1)

   For the purposes of subsection 182(1) of the Act, this section prescribes the fees and allowances for expenses that persons (other than parties) that are summoned to appear before the Tribunal to give evidence are entitled to be paid.

Fees—expert witnesses

1. (2)

   A person summoned to appear as a witness before the Tribunal because of the person’s professional, scientific or other special skill or knowledge must be paid:

   1. (a)

      if the person is remunerated in the person’s occupation by wages, salary or fees—an amount equal to the amount of wages, salary or fees not paid to the person because of the person’s attendance in accordance with the summons; or

   2. (b)

      if paragraph (a) does not apply to the person—$320 for each day on which the person so attends.

Fees—other witnesses

(3)A person summoned to appear as a witness before the Tribunal, except a witness referred to in subsection (2), must be paid:

1. (a)

   if the person is remunerated in the person’s occupation by wages, salary or fees—an amount equal to the amount of wages, salary or fees not paid to the person because of the person’s attendance in accordance with the summons; or

2. (b)

   if paragraph (a) does not apply to the person—$80 for each day on which the person so attends.

Allowances

(4) A person summoned to appear as a witness before the Tribunal must be paid an amount that is equal to the amount spent by the person for:

1. (a)

   the transportation of the person directly between the person’s usual place of residence and the place that the person attends in accordance with the summons; and

2. (b)

   if, in accordance with the summons, the person is required to be absent overnight from the person’s usual place of residence—the person’s meals and accommodation during the absence.

Part 4Application, saving and transitional provisionsDivision 1Transitional provisions in relation to the commencement of this instrument22Things done under the old regulations

1. (1)

   If:

   1. (a)

      a thing was done for a particular purpose under the Native Title (Tribunal) Regulations 1993, as in force immediately before those Regulations were repealed; and

   2. (b)

      the thing could be done for that purpose under this instrument;

the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.

1. (2)

   Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application for a waiver or a refund of a fee being made or an address for service of a summons being given.

Schedule 1Forms

Note: See sections 16 and 17.

1Notice of intention to become a party to an inquiry in relation to a special matter

For section 16 of this instrument, this clause sets out Form 1.

Native Title Act 1993

NOTICE OF INTENTION TO BECOME A PARTY TO AN INQUIRY IN RELATION TO A SPECIAL MATTER

To:

The Native Title Registrar

National Native Title Tribunal

I [or We] [name(s) and address(es) of person(s) giving notice] give notice that I [or we] want to be a party to the inquiry in relation to the following special matter:

[insert details of inquiry].

My [or Our] address for service is:

My [or Our] contact details are:

[insert telephone number (if any) and a physical, postal or email address].

Signed:

Date:

2Summons to give evidence

For section 17 of this instrument, this clause sets out Form 2.

Native Title Act 1993

SUMMONS TO GIVE EVIDENCE

To:

...........................................1

...........................................2

YOU ARE REQUIRED to appear before the National Native Title Tribunal to give evidence at:

Time: ...................................

Date: ...................................

Place: ..................................

in relation to ................................................................................................. 3

and on each subsequent day of the hearing of this matter until you are excused or released from further attendance.

[YOU ARE ALSO REQUIRED at that time to produce the following documents:

................................................................................................................. 4]5

..............................6

...............................7

Member5/Registrar5

Date: ..........................

[Note: For fees payable to witnesses, see section 182 of the Native Title Act 1993 and section 21 of the Native Title (Tribunal) Regulations 2024.]

This summons has been issued at the request of............................................... 8.

For further information contact:

Firm/Agency:

Person dealing with the matter:

Telephone number:

1 Insert name of person being summoned

2 Insert address of person being summoned

3 Insert description of matter for which person is being summoned

4 Insert description of documents to be produced

5 Omit if this does not apply

6 Signature of person issuing summons

7 Insert name of person issuing summons

8 Insert name of person or body at whose request summons is issued

Schedule 2Repeals

Native Title (Tribunal) Regulations 1993

1

The whole of the instrument

Repeal the instrument.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Native Title (Tribunal) Regulations 2024	17 Sept 2024 (F2024L01169)	1 Oct 2024 (s 2(1) item 1)
Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024	11 Oct 2024 (F2024L01299)	Sch 2 (items 35, 36): 14 Oct 2024 (s 2(1) item 1)	—

Endnote 4Amendment history

Provision affected	How affected
Part 1
s 2.............................................	rep LA s 48D
s 4.............................................	rep LA s 48C
Part 2
s 12............................................	am F2024L01299
Schedule 2
Schedule 2..................................	rep LA s 48C