Native Title Part 2 Determination of compensation for acts affecting native title etc. Division 5 Section 52 Directions to ADI and payments to ultimate beneficiaries Item If: the Registrar must: guarantee complies with regulations made for the purposes of subsection 36C(5A), 41(4) or 42(5A) (as the case requires) Compilation No. 47 8 (a) the Registrar applies to the Federal Court in accordance with subsection (3) for an order in relation to the amount secured; and (b) the court orders that an amount be paid to a person (the ultimate beneficiary) (a) direct the ADI to pay the secured amount (the original amount) to the Registrar; and (b) pay an amount to the ultimate beneficiary equal to the amount the court orders to be paid; and (c) if the amount to be paid to the ultimate beneficiary is less than the original amount— pay the remainder to the person who secured the original amount by bank guarantee or, if that person no longer exists, the person to whom the Federal Court orders it to be paid. 9 (a) none of the other items apply; and (b) the Federal Court decides, on application by any person, that it would be just and equitable in all the circumstances to pay the amount secured by bank guarantee to a person (the ultimate beneficiary) (a) direct the ADI to pay the amount secured to the Registrar; and (b) pay that amount to the ultimate beneficiary. Native Title Act 1993 193 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021