National Native Title Tribunal Regulations (Amendment) 1995 No. 420
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 420
ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL
NATIVE TITLE ACT 1993
NATIONAL NATIVE TITLE TRIBUNAL REGULATIONS (AMENDMENT)
Subsection 215(1) of the Native Title Act 1993 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted to be prescribed by the Act or necessary or convenient to be prescribed for giving effect to the Act. Subsection 215(2) of the Act provides that regulations may make provision prescribing fees to be paid in relation to applications to the Registrar.
Section 61 of the Act provides for native title and compensation applications to be made to the Native Title Registrar. Subsection 62(2) provides that any application under section 61 must be accompanied by any prescribed fee. Section 75 of the Act provides for "right to negotiate" applications to be made to the Registrar. Section 76 provides that any application made under section 75 must be accompanied by any prescribed fee.
Regulation 7 of the National Native Title Regulations provides for fees for lodgment of applications. It provides that for the purposes of subsection 62(2) and section 76 of the Act a fee of $300 is prescribed.
When the National Native Title Tribunal began, in 1994, the fees for lodgment of applications were set to be the same as the application fee in the Administrative Appeals Tribunal (AAT) -that is $300.
The application fee in the AAT has not been increased since 1989. Proposed Regulations, to commence on 1 January 1996, will increase the application fee in the AAT, in accordance with consumer price index increases since 1989.
The purpose of these Regulations is to provide for an increase in the fees for lodgment of applications in the National Native Title Tribunal so that these fees will remain equal to the application fee in the AAT. Details of the Regulations are as follows:
Regulation 1 - Commencement
Regulation 1 provides for these Rules to commence on 1 January 1996.
Regulation 2 - Amendment Regulation 2 provides for the National Native Tide Tribunal Regulations to be amended as set out in these Regulations.
Regulation 3 - Regulation 7 (lodgment of applications - fees)
Regulation 3 omits $300 and substitutes $368.
The Rules commence on 1 January 1996.
Overview
The National Native Title Tribunal Regulations (Amendment) 1995 No. 420, issued under the authority of the Attorney-General, amends the National Native Title Tribunal Regulations 1994 to update the fees for lodgment of applications to the National Native Title Tribunal. This amendment was enacted to address the problem of outdated fees, which had remained unchanged since 1989, while the application fee in the Administrative Appeals Tribunal had increased in line with the consumer price index. The policy objective of these regulations is to ensure that the fees for lodgment of applications in the National Native Title Tribunal remain consistent with the application fee in the Administrative Appeals Tribunal, thereby maintaining fairness and accuracy in the fee structure. The amendments were authorised by subsection 215(1) of the Native Title Act 1993, which allows for the regulation of matters necessary for the effective implementation of the Act.
Scope and Application
The National Native Title Tribunal Regulations (Amendment) 1995 No. 420 applies to the fees for lodgment of applications under the Native Title Act 1993. Specifically, the regulations address the fees required for the lodgment of native title and compensation applications as well as "right to negotiate" applications, as outlined in sections 61, 62, 75, and 76 of the Act. These amendments are made under the authority provided by subsections 215(1) and 215(2) of the Act, which allow the Governor-General to prescribe regulations necessary for the implementation of the Act, including the setting of fees. The regulations are designed to align the fees charged by the National Native Title Tribunal with those of the Administrative Appeals Tribunal, ensuring consistency in application fees across related tribunals. The amendment will increase the prescribed fee for lodgment of applications from $300 to $368, effective from 1 January 1996. The amendments do not extend to any exclusions or exemptions beyond the specified adjustments to application fees.
Key Provisions
The National Native Title Tribunal Regulations (Amendment) 1995 No. 420 primarily amend the National Native Title Tribunal Regulations to increase the fees for lodgment of applications. Regulation 1 specifies that these Regulations will commence on 1 January 1996. Regulation 2 indicates that the National Native Title Tribunal Regulations will be amended in accordance with these Regulations. The key amendment is detailed in Regulation 3, which modifies Regulation 7. Regulation 7, which pertains to the fees for lodgment of applications, is updated to change the prescribed fee from $300 to $368.
These amendments impose specific obligations on parties and entities governed by the National Native Title Act 1993. Section 62(2) of the Act mandates that any application for native title must be accompanied by the prescribed fee. Similarly, section 76 of the Act requires that any "right to negotiate" application be accompanied by the prescribed fee. The amendments ensure that the fees for lodgment of these applications remain consistent with the application fee in the Administrative Appeals Tribunal (AAT). The new fee of $368, as set out in Regulation 3, must be paid when submitting applications under sections 61 and 75 of the Act.
Failure to comply with the requirements of these Regulations can result in significant consequences. While the specific offences and penalties are not explicitly detailed in the Explanatory Statement, it is likely that non-compliance with the fee requirements could be considered a breach of the regulations. Under section 216 of the Native Title Act 1993, failure to adhere to the prescribed fees may result in the application being deemed invalid or subject to rejection. This could lead to delays and additional costs for the applicant, as well as potential legal consequences if the application is not processed in a timely manner. Although the precise penalties are not stated in the document, they could include fines or other administrative penalties as stipulated by the relevant legislation.