Native Title Part 2
Native title functions of prescribed bodies corporate and holding of native title in trust
Division 6
Section 56
(d) the termination of the trust where:
(i) the common law holders wish the trust to be terminated;
or
(ii) a liquidator is appointed for the body corporate; and
(e) the determination by the Federal Court of a prescribed body
corporate to perform the functions mentioned in
subsection 57(3) once the trust is terminated; and
(f) any matter in relation to the termination of the trust, the
performance of those functions and the transition from the
trust arrangement to the new arrangement, including the
determination of those matters by the Federal Court.
Protection of native title from debt recovery processes etc.
(5) Subject to subsection (6), native title rights and interests held by
the body corporate are not able to be:
(a) assigned, restrained, garnisheed, seized or sold; or
(b) made subject to any charge or interest; or
(c) otherwise affected;
as a result of:
(d) the incurring, creation or enforcement of any debt or other
liability of the body corporate (including a debt or liability
owed to the Crown in any capacity or to any statutory
authority); or
(e) any act done by the body corporate.
Subsection (5) not applicable to dealings authorised by regulations
(6) Subsection (5) does not apply if the incurring of the debt, creation
of the liability or doing of the act was in connection with a dealing
with the native title rights and interests authorised by regulations
for the purposes of paragraph (4)(c).
Where common law holders later wish a trust be determined
(7) The regulations may make provision in respect of:
Compilation No. 47
Native Title Act 1993
201
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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