Applications Part 3
Applications to the Federal Court: native title and compensation Division 1
Section 63
Default rule—applicant may act by majority
(2) The requirement mentioned in paragraph (1)(d) is satisfied if the
thing is done by a majority of the authorised persons unless
subsection (4) applies.
(3) The authorised persons who do the thing must, within a reasonable
period, notify the other authorised persons that the thing has been
done. A failure to comply with this subsection does not invalidate
the thing done.
Default rule may be displaced
(4) If conditions under section 251BA on the authority of the
authorised persons provide for the applicant to do the thing in a
particular way, the requirement mentioned in paragraph (1)(d) is
satisfied if the thing is done in that way.
Example: A condition may provide that all the authorised persons need to do
something required by a provision of this Act.
Rule covers applicant acting in any capacity
(5) This section applies whether the provision imposing the
requirement or giving the permission refers to the applicant as an
applicant, a registered native title claimant, a native title party, a
negotiation party, a party or otherwise.
Deceased authorised persons
(6) For the purposes of this section, the authorised persons include any
who have died. However, subsection (3) does not require notice to
be given to a person who has died.
Note:
Compilation No. 47
The applicant may be replaced where an authorised person has died:
see section 66B.
Native Title Act 1993
223
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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