Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:3_203ai
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 3 cl 203AI
Character Range: 401315–403304

203AI  Matters to which Commonwealth Minister must have regard

Fairness of organisational structures and administrative processes

 (1) In considering, for the purposes of making a decision under this Division in relation to a particular area, whether a body:
 (a) will satisfactorily represent persons who hold or may hold native title in the area; or
 (b) will be able to consult effectively with Aboriginal peoples and Torres Strait Islanders living in the area;
the Commonwealth Minister must take into account whether, in the Commonwealth Minister's opinion, the body's organisational structures and administrative processes will operate in a fair manner.

Criteria for assessing fairness

 (2) Without limiting the matters to which the Commonwealth Minister may have regard in assessing the fairness of the body's organisational structures and administrative processes, the Commonwealth Minister must have particular regard to:
 (a) the opportunities for the Aboriginal peoples or Torres Strait Islanders for whom it might act to participate in its processes; and
 (b) the level of consultation with them involved in its processes; and
 (c) its procedures for making decisions and for reviewing its decisions; and
 (d) its rules or requirements relating to the conduct of its executive officers; and
 (e) the nature of its management structures and management processes; and
 (f) its procedures for reporting back to persons who hold or may hold native title in the area, and to the Aboriginal peoples or Torres Strait Islanders living in the area.

Commonwealth Minister's consideration of other matters unaffected

 (3) This section does not limit any other matters that the Commonwealth Minister may take into account in making a decision under this Division.

Note: Divisions 3 to 6 of this Part are to be inserted, and will enter into force, at the end of the transition period (see Part 2 of Schedule 3 to the Native Title Amendment Act 1998).

Division 7—Miscellaneous