Native Title Part 2
Native title functions of prescribed bodies corporate and holding of native title in trust
Division 6
Section 58
Where not trustee
(2) If the determination under section 56 is not as mentioned in
subsection (1) of this section, the Federal Court must take the
following steps in determining which prescribed body corporate is,
after becoming a registered native title body corporate, to perform
the functions mentioned in subsection (3):
(a) first, it must request a representative of the common law
holders to:
(i) nominate, in writing given to the Federal Court within a
specified period, a prescribed body corporate for the
purpose; and
(ii) include with the nomination the written consent of the
body corporate;
(b) secondly, if a prescribed body corporate is nominated in
accordance with the request, the Federal Court must
determine that the body is to perform the functions;
(c) thirdly, if no prescribed body corporate is nominated in
accordance with the request, the Federal Court must, in
accordance with the regulations, determine which prescribed
body corporate is to perform the functions.
Functions where not trustee
(3) After becoming a registered native title body corporate, the body
must perform:
(a) any functions given to it as a registered native title body
corporate under particular provisions of this Act; and
(b) any functions given to it under the regulations (see
section 58).
58 Functions under regulations
The regulations may make provision for a registered native title
body corporate to do all or any of the following:
(a) if it does not hold the native title on trust under section 56, or
regulations made for the purposes of that section—to act as
Compilation No. 47
Native Title Act 1993
203
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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