Native Title Part 2
Future acts etc. and native title Division 3
Section 42
Time limit for making declaration
(4) Any declaration by the Minister concerned must be made within 2
months after the making of the determination.
Bank guarantee condition
(5) If 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 (5A) are complied
with.
(5A) 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
(5B) If 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 concerned must determine the amount; and
(b) the amount, when paid, must be held in trust in accordance
with the regulations until it is dealt with in accordance with
section 52A.
Note:
Compilation No. 47
The NNTT cannot determine compensation (see Division 5 of this
Part and Division 1 of Part 3). However, if the arbitral body is not the
NNTT, it may be able to do so.
Native Title Act 1993
157
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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