Native Title (Tribunal) Regulations 1993
Statutory Rules No. 380, 1993
made under the
Native Title Act 1993
Compilation No. 12
Compilation date: 25 March 2021
Includes amendments up to: F2021L00273
Registered: 8 April 2021
About this compilation
This compilation
This is a compilation of the Native Title (Tribunal) Regulations 1993 that shows the text of the law as amended and in force on 25 March 2021 (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 Legislation Register (www.legislation.gov.au). 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 series page on the Legislation 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 series page on the Legislation 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
1 Name of regulations
3 Interpretation
4 Applications (Act, s 76)
7 Application fees
8 When fees are not payable
8A Decision whether to waive fee
9 Refund of fees
10 Notification of potential party to an inquiry in relation to a special matter
11 Summons by a member of the Tribunal
12 Lodging of addresses for service
12A Contact details in relation to right to negotiate applications
13 Service of summons
13A Service of a notice or document other than a summons
14 Witnesses fees and allowances for expenses
16 Annual increases in fees
17 Calculation of increase
18 Application of amendments made by the Native Title Legislation Amendment (2021 Measures No. 1) Regulations 2021
Schedule 1—Forms
Schedule 2—Witnesses fees and allowances for expenses
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
1 Name of regulations
These regulations are the Native Title (Tribunal) Regulations 1993.
3 Interpretation
(1) In these Regulations, unless the contrary intention appears:
Act means the Native Title Act 1993.
lodge an address for service, in relation to a person, means give to the Registrar notice…
Overview
The Native Title (Tribunal) Regulations 1993 were enacted to provide procedural and administrative details for the operation of the National Native Title Tribunal, which was established under the Native Title Act 1993. The regulations address the administrative framework needed to facilitate the functions of the Tribunal, such as the process for lodging applications, the imposition and waiver of fees, and the service of documents. These regulations are made under the authority of the Native Title Act 1993 by the Australian Parliament, with the overarching policy objective of providing a structured and fair process for the recognition and determination of native title claims.
Scope and Application
The Native Title (Tribunal) Regulations 1993 are subsidiary legislation made under the Native Title Act 1993. They apply in the Commonwealth of Australia and govern various administrative and procedural matters relating to the operation of the National Native Title Tribunal, including the forms of applications that must be used, application fees, circumstances where fees may be waived, notification of parties, service of documents, and witnesses' fees and expenses. The regulations have been amended on numerous occasions to update fees and forms, and to make other minor changes. The regulations apply to all persons and entities involved in proceedings before the Tribunal, including native title claimants and applicants, the Commonwealth, and other parties to a claim or application. While the regulations do not explicitly exclude any persons or entities, they do provide for certain exemptions from application fees in limited circumstances. The application and effect of the regulations may be extended or modified by subordinate legislation.
Key Provisions
- The Native Title (Tribunal) Regulations 1993 establish the formal processes and requirements for making applications to the National Native Title Tribunal under the Native Title Act 1993. According to regulation 4, an objection to inclusion in an expedited procedure application must be made using Form 4, while a future act determination application must use Form 5. Regulation 7 mandates an application fee of $851, although certain individuals and entities are exempt under regulation 8. These exemptions include those receiving legal aid, recognised representative bodies, individuals with specific concession cards, inmates, children, and those facing financial hardship as determined by the Registrar.
- The regulations impose several obligations on parties involved in native title matters. Regulation 12A requires any party to an inquiry concerning a right to negotiate application to provide the Registrar with their physical and postal addresses, email address, and telephone number within seven days of receiving notice of the application. Regulation 13A details the permissible methods of serving notices and documents, other than summonses, to the Tribunal and parties, including service by post or email to specified addresses. Regulation 14 sets out the fees and allowances for expenses payable to witnesses, differentiated based on whether the witness is remunerated in their occupation.
- Failure to comply with the provisions of these Regulations can lead to various consequences. While the Regulations themselves do not explicitly outline criminal offences or penalties, breaches of related provisions under the Native Title Act 1993 can result in civil or criminal penalties. For example, knowingly making a false statement in an application can lead to fines and imprisonment under section 237 of the Act. Additionally, failure to comply with a summons to give evidence can be considered contempt of the Tribunal and may result in fines and imprisonment under section 184 of the Act. The specific penalties are determined by the relevant courts based on the severity and circumstances of the breach.
- Area of Law
- Indigenous Peoples & Native Title Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Application fees
- Reporting & Disclosure Obligations
- Regulatory Standards
