Native Title Part 2
Native title functions of prescribed bodies corporate and holding of native title in trust
Division 6
Section 60
hold native title rights and interests in trust for other common law
holders, so long as all of the common law holders mentioned
consent to the determination.
(2) If a prescribed body corporate is an agent prescribed body
corporate for some common law holders, the Federal Court may
determine under paragraph 57(2)(b) that the prescribed body
corporate is to be the agent prescribed body corporate for other
common law holders, so long all of the common law holders
mentioned consent to the determination.
(3) For the purposes of subsections (1) and (2), the regulations may
prescribe the ways in which the consent of the common law
holders may be obtained, and if the regulations do so, the common
law holders must obtain the consent in that way.
60 Replacement of agent prescribed bodies corporate
The regulations may make provision for:
(a) the replacement of an agent prescribed body corporate (the
original PBC) with another prescribed body corporate (the
replacement PBC) to perform the functions mentioned in
subsection 57(3) where:
(i) the common law holders wish the replacement to occur;
or
(ii) a liquidator is appointed for the original PBC; and
(b) the determination by the Federal Court of the replacement
PBC; and
(c) any matter in relation to the transition from the original PBC
to the replacement PBC, including the determination of that
matter by the Federal Court; and
(d) any other matters in relation to the replacement of the
original PBC with the replacement PBC.
Compilation No. 47
Native Title Act 1993
205
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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