Native Title Part 2 Future acts etc. and native title Division 3 Section 41 Other negotiation parties (2) If a native title party is a registered native title claimant, any other person included in the native title claim group concerned is taken to be a negotiation party for the purposes only of subsection (1). Bank guarantee condition (3) If, in the case of a determination by an arbitral body, a condition to be complied with is that an amount is to be secured by bank guarantee: (a) the arbitral body must: (i) determine the amount; and (ii) specify the person who must secure the amount in that way; and (b) the condition is not complied with unless: (i) the guarantee is given by an authorised deposit-taking institution within the meaning of the Banking Act 1959; and (ii) the guarantee is secured in favour of the Registrar; and (iii) regulations made under subsection (4) are complied with. (4) The regulations may make provision in relation to the securing of an amount by bank guarantee in compliance with such a condition, and any other matter in relation to such a guarantee. Trust condition (5) If, in the case of a determination by the arbitral body, a condition to be complied with is that an amount is to be paid and held in trust until it is dealt with in accordance with section 52A: (a) the arbitral body must determine the amount; and Compilation No. 47 Native Title Act 1993 153 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021

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