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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