Applications Part 3
Applications to the Federal Court: native title and compensation Division 1
Section 66B
(iv) the person has exceeded the authority given to him or
her by the claim group to make the application and to
deal with matters arising in relation to it; and
(b) the member or members are authorised by the claim group to
make the application and to deal with matters arising in
relation to it.
Note:
Section 251B states what it means for a person or persons to be
authorised by all the persons in the claim group to deal with matters in
relation to a claimant application or a compensation application.
(2) The Court may make the order if it is satisfied that the grounds are
established.
Replacement in case of death or incapacity
(2A) One or more members (the applying members) of the native title
claim group in relation to a claimant application, or of the
compensation claim group in relation to a compensation
application, may apply to the Federal Court for an order under
subsection (2B) if a person (the ceasing member) who is, either
alone or jointly with one or more other persons (the continuing
members), the current applicant for the claimant application or
compensation application:
(a) dies; or
(b) is unable to act as an applicant because of physical or mental
incapacity.
(2B) The Court may order that the following persons replace the current
applicant for the application:
(a) if:
(i) a member of the claim group is authorised by the claim
group to make the application and to deal with matters
arising in relation to it because of the death or
incapacity of the ceasing member; and
(ii) the authority of any continuing members continues
despite the death or incapacity of the ceasing member;
that member and any continuing members;
Compilation No. 47
Native Title Act 1993
233
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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