Document ID: chunk:federal_register_of_legislation:C2024C00224:section:66b:p1
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 66B (pt 1/2)
Character Range: 388150–390776

66B  Replacing the applicant

Replacement in case of consent or absence of authority
 (1) One or more members of the native title claim group (the claim group) in relation to a claimant application, or of the compensation claim group (also the claim group) in relation to a compensation application, may apply to the Federal Court for an order that the member, or the members jointly, replace the current applicant for the application on the grounds that:
 (a) one or more of the following applies to a person who is, either alone or jointly with one or more other persons, the current applicant:
 (i) the person consents to his or her replacement or removal;
 (iii) the person is no longer authorised by the claim group to make the application and to deal with matters arising in relation to it;
 (iv) the person has exceeded the authority given to him or her by the claim group to make the application and to deal with matters arising in relation to it; and
 (b) the member or members are authorised by the claim group to make the application and to deal with matters arising in relation to it.
Note: Section 251B states what it means for a person or persons to be authorised by all the persons in the claim group to deal with matters in relation to a claimant application or a compensation application.
 (2) The Court may make the order if it is satisfied that the grounds are established.

Replacement in case of death or incapacity
 (2A) One or more members (the applying members) of the native title claim group in relation to a claimant application, or of the compensation claim group in relation to a compensation application, may apply to the Federal Court for an order under subsection (2B) if a person (the ceasing member) who is, either alone or jointly with one or more other persons (the continuing members), the current applicant for the claimant application or compensation application:
 (a) dies; or
 (b) is unable to act as an applicant because of physical or mental incapacity.
 (2B) The Court may order that the following persons replace the current applicant for the application:
 (a) if:
 (i) a member of the claim group is authorised by the claim group to make the application and to deal with matters arising in relation to it because of the death or incapacity of the ceasing member; and
 (ii) the authority of any continuing members continues despite the death or incapacity of the ceasing member;
  that member and any continuing members;
 (b) unless the authority of any continuing members ceases on the death or incapacity of the ceasing member—the continuing members;
 (c) if the applying members