Document ID: chunk:federal_register_of_legislation:C2024C00224:section:207a:p1
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 207A (pt 1/2)
Character Range: 679988–682693

207A  Recognised State/Territory body

Determination
 (1) The Commonwealth Minister may, by legislative instrument, determine that a court, office, tribunal or body (which court, office, tribunal or body is called the body) established by or under a law of a State or Territory is a recognised State/Territory body if the State Minister for the State, or Territory Minister for the Territory, nominates the body to the Commonwealth Minister for the purposes of this section.

Criteria to be satisfied
 (2) In order to ensure that there is a nationally consistent approach to the recognition and protection of native title, the Commonwealth Minister must not make the determination unless the Commonwealth Minister is satisfied that:
 (a) any procedures under the law of the State or Territory for:
 (i) approved determinations of native title by the body; and
 (ii) determinations of compensation for acts affecting native title;
  will be consistent with those set out in this Act; and
 (aa) any procedures under the law of the State or Territory for determinations whether acts affecting native title may be done will be consistent with those set out in this Act; and
 (ab) the law of the State or Territory will require a decision to be made whether a claim in respect of native title satisfies conditions equivalent to those set out in sections 190B and 190C; and
 (b) any procedures that will apply under the law of the State or Territory for the registration and notification of any claims in respect of native title that may be made to the body will be efficient; and
 (c) the body will have available to it, through its membership or otherwise, appropriate expertise (including expertise in matters relating to Aboriginal peoples and Torres Strait Islanders) for performing its functions in relation to native title; and
 (d) the procedures of the body under the law of the State or Territory in performing its functions in relation to native title will be informal, accessible and expeditious; and
 (e) the body will, under the law of the State or Territory, be able to mediate matters in appropriate cases; and
 (f) the body will have adequate resources to enable it to perform its functions in relation to native title; and
 (h) provisions under the law of the State or Territory to similar effect as those in Division 6 of Part 2 (which deals with the holding of native title etc. by bodies corporate) will apply in relation to any approved determination of native title by the body; and
 (i) the law of the State or Territory will require the Native Title Registrar to be informed of:
 (i) any applications for decisions, orders or judgments of the body that involve an approved determination