Native Title Part 2 Future acts etc. and native title Division 3 Section 42 Time limit for making declaration (4) Any declaration by the Minister concerned must be made within 2 months after the making of the determination. Bank guarantee condition (5) If 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 (5A) are complied with. (5A) 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 (5B) If 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 concerned must determine the amount; and (b) the amount, when paid, must be held in trust in accordance with the regulations until it is dealt with in accordance with section 52A. Note: Compilation No. 47 The NNTT cannot determine compensation (see Division 5 of this Part and Division 1 of Part 3). However, if the arbitral body is not the NNTT, it may be able to do so. Native Title Act 1993 157 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021

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