Document ID: chunk:federal_register_of_legislation:F2024C00961:reg:9:p1
Version: federal_register_of_legislation:F2024C00961
Segment Type: reg
Provision Reference: reg 9 (pt 1/2)
Character Range: 23005–25841

9  Certificate in relation to consultation and consent
 (1) As soon as practicable after:
 (a) a native title decision is made by a prescribed body corporate that:
 (i) holds native title rights and interests in trust for the common law holders; or
 (ii) is an agent prescribed body corporate that has become a registered native title body corporate; or
 (b) a registered native title body corporate decides to make a compensation application;
the body corporate must prepare a certificate in writing.
 (2) The certificate must certify that:
 (a) for a high level decision other than a standing instructions decision—the body corporate has consulted and obtained consent in relation to the decision in accordance with regulation 8; or
 (b) for a high level decision that is a standing instructions decision:
 (i) if the decision is covered by an approval under subregulation 8(8)—the decision is of that kind; or
 (ii) in any case—the body corporate has consulted and obtained consent in relation to the decision in accordance with regulation 8; or
 (c) for a low level decision:
 (i) if the decision is covered by an approval under subregulation 8(8)—the decision is of that kind; or
 (ii) in any case—the body corporate has consulted and obtained consent in relation to the decision in accordance with regulation 8 or 8A; or
 (d) for a decision to make a compensation application—the body corporate has consulted and obtained consent in relation to the making of the compensation application in accordance with regulation 8B.
Note: The Registrar of Aboriginal and Torres Strait Islander Corporations has functions in relation to certificates prepared under this regulation: see section 55A of the Corporations (Aboriginal and Torres Strait Islander) Regulations 2017.
 (3) The certificate must include the following:
 (a) the date of the certificate;
 (b) details of the process of making the decision;
 (c) details (including names) of the persons who participated in the process of making the decision;
 (d) if the certificate is of a kind mentioned in subparagraph (2)(b)(i) or (c)(i)—details of the process of approval under subregulation 8(8);
 (e) if paragraph (d) does not apply—details of the consultation and consent process.
 (4) The certificate must be:
 (a) executed by the body corporate in accordance with subsection 99‑5(1) or (2) of the Corporations (Aboriginal and Torres Strait Islander) Act 2006; or
 (b) signed by the chief executive officer of the body corporate.
 (5) The body corporate may collect (within the meaning of the Privacy Act 1988) personal information (within the meaning of that Act) about common law holders or persons who claim to be entitled to compensation for the purposes of preparing a certificate.
 (6) A certificate prepared in accordance with this regulation in relation to a native title