Document ID: chunk:federal_register_of_legislation:C2010C00306:clause:1_102
Version: federal_register_of_legislation:C2010C00306
Segment Type: clause
Provision Reference: sch 1 cl 102
Character Range: 60328–62891

102  Subsection 190A(6)
Repeal the subsection, substitute:

Test for registration

 (6) The Registrar must accept the claim for registration if:
 (a) either:
 (i) the claim was made in an application given to the Registrar under section 63; or
 (ii) the claim was made in an amended application given to the Registrar under subsection 64(4) and subsection (6A) of this section does not apply; and
 (b) the claim satisfies all of the conditions in:
 (i) section 190B (which deals mainly with the merits of the claim); and
 (ii) section 190C (which deals with procedural and other matters).

 (6A) The Registrar must accept the claim (the later claim) for registration if:
 (a) a claim (the earlier claim) was made in an application given to the Registrar under section 63 or subsection 64(4) (the earlier application); and
 (b) the Registrar accepted the earlier claim for registration under subsection (6) of this section; and
 (c) the later claim was made in an application given to the Registrar under subsection 64(4) that amends the earlier application; and
 (d) the Registrar is satisfied that the only effect of the amendment is to do one or more of the following:
 (i) reduce the area of land or waters covered by the application, in circumstances where the information and map contained in the application, as amended, are sufficient for it to be said with reasonable certainty whether native title rights and interests are claimed in relation to particular land or waters;
 (ii) remove a right or interest from those claimed in the application;
 (iii) change the name in the application of the representative body, or one of the representative bodies, recognised for the area covered by the application, in circumstances where the body's name has been changed or the body has been replaced with another representative body or a body to whom funding is made available under section 203FE;
 (iv) change the name in the application of the body to whom funding was made available under section 203FE in relation to all or part of the area covered by the application, in circumstances where the body's name has been changed or the body has been replaced by another such body or a representative body;
 (v) alter the address for service of the person who is, or persons who are, the applicant.

 (6B) If neither subsection (6) nor (6A) applies, the Registrar must not accept the claim for registration.

Note: The fact that the Registrar is considering the claim under this section does not mean that the application cannot be amended: see subsection 64(3).