Native Title (Prescribed Bodies Corporate) Amendment Regulations 2007 (No. 1)1

Select Legislative Instrument 2007 No. 186

I, PROFESSOR MARIE BASHIR, AC, CVO, Deputy for the Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Native Title Act 1993.

Dated 28 June 2007

MARIE BASHIR

Deputy for the Governor‑General

By Her Excellency’s Command

MAL BROUGH

Minister for Families, Community Services and Indigenous Affairs

1 Name of Regulations

  These Regulations are the Native Title (Prescribed Bodies Corporate) Amendment Regulations 2007 (No. 1).

2 Commencement

  These Regulations commence on 1 July 2007.

3 Amendment of Native Title (Prescribed Bodies Corporate) Regulations 1999

  Schedule 1 amends the Native Title (Prescribed Bodies Corporate) Regulations 1999.

Schedule 1 Amendments

(regulation 3)

[1] Subregulation 3 (1), definition of Aboriginal association

substitute

Aboriginal and Torres Strait Islander corporation has the same meaning as in the Corporations (Aboriginal and Torres Strait Islander) Act 2006.

[2] Regulation 4

substitute

4 Prescribed bodies corporate (Act s 59)

 (1) An Aboriginal and Torres Strait Islander corporation is prescribed for section 59 of the Act if it is registered for the purpose of being the subject of a section 56 or 57 determination.

 (2) An Aboriginal and Torres Strait Islander corporation is taken to be registered for the purpose of being the subject of a section 56 or 57 determination only if:

 (a) all members of the corporation are persons who, at the time of making of the section 56 or 57 determination, are included, or proposed to be included, in the native title determination as native title holders; and

 (b) the purpose of becoming a registered native title body corporate is set out in the objects of the corporation; and

 (c) at all times after the section 56 or 57 determination is made, all members of the corporation are persons who have native title rights and interests in relation to the land or waters to which the native title determination relates.

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.