Document ID: chunk:federal_register_of_legislation:C2024C00794:section:50:p1
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 50 (pt 1/3)
Character Range: 278050–280741

50  Functions of Commissioner
 (1) The functions of a Commissioner are:
 (a) on an application being made to the Commissioner by or on behalf of Aboriginals claiming to have a traditional land claim to an area of land, being unalienated Crown land or alienated Crown land in which all estates and interests not held by the Crown are held by, or on behalf of, Aboriginals:
 (i) to ascertain whether those Aboriginals or any other Aboriginals are the traditional Aboriginal owners of the land; and
 (ii) to report his or her findings to the Minister and to the Administrator of the Northern Territory, and, where the Commissioner finds that there are Aboriginals who are the traditional Aboriginal owners of the land, to make recommendations to the Minister for the granting of the land or any part of the land in accordance with sections 11 and 12;
 (b) to inquire into the likely extent of traditional land claims by Aboriginals to alienated Crown land and to report to the Minister and to the Administrator of the Northern Territory, from time to time, the results of his or her inquiries;
 (c) to establish and maintain a register of the traditional land claims referred to in paragraph (b);
 (d) to advise the Minister in connexion with any other matter relevant to the operation of this Act that is referred to the Commissioner by the Minister; and
 (e) to advise the Minister and the Administrator of the Northern Territory in connexion with any other matter relating to land in the Northern Territory that is referred to the Commissioner by the Minister with the concurrence of the Administrator of the Northern Territory.
 (2) A Commissioner may, with the approval of the Minister, perform any function that may be conferred on the Commissioner by a law of the Northern Territory.
 (2A) A Commissioner shall not perform a function under paragraph (1)(a) in respect of an application made after the expiration of 10 years after the commencement of this subsection.
 (2B) Where:
 (a) an application referred to in paragraph (1)(a) has been made to a Commissioner;
 (b) it appears to the Commissioner that the land to which the application relates is, in whole or part, the same as the whole or part of land to which an earlier application related; and
 (c) the report made under subparagraph (1)(a)(ii) in relation to the earlier application made no recommendation as mentioned in that subparagraph in relation to that land;
the Commissioner shall not perform, or continue to perform, a function under paragraph (1)(a) in relation to the land (in this subsection referred to as the common land) to which both the first‑mentioned application and the earlier application relate unless the