Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:3_203fc
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 3 cl 203FC
Character Range: 403304–405666

203FC  Transfer of documents and records

Commonwealth Minister may issue directions

 (1) The Commonwealth Minister may, by written instrument, issue directions requiring, or relating to, either or both of the following:
 (a) a former representative body returning documents and records, relating to the performance of its functions or the exercise of its powers in respect of its former area, to the person or persons who provided them to the body;
 (b) the former representative body allowing access to, giving or giving copies of documents and records held by the former representative body to a body (the replacement body) that has become the representative body for all or part of the former representative body's former area, where the documents and records are reasonably necessary for the performance of the functions, or the exercise of the powers, of the replacement body.
Directions take effect on the day on which they are issued.

Limit on directions

 (2) Directions must not require the former representative body to allow access to, give or give copies of documents and records, of the kind mentioned in paragraph (1)(b) that relate to:
 (a) a claim in a claimant application or a compensation application; or
 (b) native title rights and interests that are the subject of a determination of native title;
to the replacement body, unless the replacement body has been asked by the claimants to assist them in relation to the claim, or has been asked by the persons who have been determined to hold the native title rights and interests to assist them in relation to those rights and interests.

Bodies must comply with directions

 (3) A body to which directions apply must comply with those directions.

Orders by the Federal Court

 (4) If a body fails to comply with subsection (3), the Federal Court may, on the application of a person affected by the non‑compliance, make such orders as it thinks fit to ensure the body's compliance.

Definitions

 (5) In this section:

former area, in relation to a former representative body, means the area for which the body is no longer a representative body.

former representative body means a body that:
 (a) has ceased to be a representative body; or
 (b) has ceased to be a representative body for a particular area; or
 (c) has had the area for which it is a representative body reduced.