Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:2_190c:p1
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 2 cl 190C (pt 1/2)
Character Range: 354880–357792

190C  Registration: conditions about procedural and other matters

 (1) This section contains the conditions mentioned in paragraph 190A(6)(b).

Information etc. required by sections 61 and 62

 (2) The Registrar must be satisfied that the application contains all details and other information, and is accompanied by any affidavit or other document, required by sections 61 and 62.

No previous overlapping claim groups

 (3) The Registrar must be satisfied that no person included in the native title claim group for the application (the current application) was a member of the native title claim group for any previous application, if:
 (a) the previous application covered the whole or part of the area covered by the current application; and
 (b) an entry relating to the claim in the previous application was on the Register of Native Title Claims when the current application was made; and
 (c) the entry was made, or not removed, as a result of consideration of the previous application under section 190A.

Identity of claimed native title holders

 (4) The Registrar must be satisfied that either of the following is the case:
 (a) the application has been certified under paragraph 202(4)(d) by each representative Aboriginal/Torres Strait Islander body that could certify the application in performing its functions under that Part; or
 (b) the applicant is a member of the native title claim group and is authorised to make the application, and deal with matters arising in relation to it, by all the other persons in the native title claim group.

Note: The word authorise is defined in section 251B.

Requirements for uncertified applications

 (5) If the application has not been certified as mentioned in paragraph (4)(a), the Registrar cannot be satisfied that the condition in subsection (4) has been satisfied unless the application:
 (a) includes a statement to the effect that the requirement set out in paragraph (4)(b) has been met; and
 (b) briefly sets out the grounds on which the Registrar should consider that it has been met.

Overlapping representative body areas

 (6) Paragraph (4)(a) does not require certification by a particular representative Aboriginal/Torres Strait Islander body that could certify the application in performing its functions if:
 (a) the application has been certified under paragraph 202(4)(d) by another representative Aboriginal Torres/Strait Islander body whose area includes all of the area of land or waters, to which the application relates, that is within the first‑mentioned body's area; or
 (b) the application has been certified under paragraph 202(4)(d) by 2 or more other representative Aboriginal/Torres Strait Islander bodies whose areas, when combined, include all of the area of land or waters, to which the application relates, that is within the first‑mentioned body's area.

Definition of area

 (7) In subsection (6):

area, in