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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