Native Title Part 2
Future acts etc. and native title Division 3
Section 43A
Note:
In such a case, the Commonwealth Minister would need to make
separate determinations under that subsection.
Revocation of determination
(9) If at any time the alternative provisions are amended so that they
no longer comply as mentioned in paragraph (1)(b), the
Commonwealth Minister must:
(a) advise the State Minister or the Territory Minister concerned
in writing of the fact; and
(b) if, at the end of 90 days after doing so, the alternative
provisions do not comply and subparagraphs (c)(i) and (ii) do
not apply—by legislative instrument, revoke the
determination made under paragraph (1)(b); and
(c) if:
(i) at the end of 90 days after advising the State Minister or
Territory Minister, the alternative provisions do not
comply and the Commonwealth Minister is satisfied
that the State Minister or the Territory Minister is using
his or her best endeavours to ensure that the alternative
provisions will comply; and
(ii) before the end of the 90 days, the Commonwealth
Minister determined, by legislative instrument, that a
further period should apply for the purposes of this
paragraph; and
(iii) at the end of the further period, the alternative
provisions still do not comply;
by legislative instrument, revoke the determination made
under paragraph (1)(b).
(9A) If, at any time, the alternative provisions cease to have ongoing
effect, the Commonwealth Minister must, by legislative
instrument, revoke the determination made under paragraph (1)(b).
Exclusion of certain compulsory acquisitions
(10) The alternative provisions do not apply to an act of the kind
mentioned in subparagraph 26(1)(c)(iii) (which deals with certain
Compilation No. 47
Native Title Act 1993
167
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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