Document ID: chunk:federal_register_of_legislation:C2024C00224:section:207b:p2
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 207B (pt 2/3)
Character Range: 687136–689827

be exercised in a way that ensures that the register will be maintained in a nationally integrated and accessible manner; and
 (f) if any of the functions or powers that will be performed or exercised under the determination are those of the NNTT—the law of the State or Territory will require the member or at least one of the members of the equivalent body to be a member of the NNTT; and
 (g) any other requirement that the Commonwealth Minister considers relevant will be satisfied.

Modified application of Act etc.
 (5) While the determination is in force, this Act, and Schedule 5 to the Native Title Amendment Act 1998, have effect, in relation to a function or power of the NNTT or Native Title Registrar specified in the determination, as if, in the specified circumstances:
 (a) the one or more equivalent bodies had the functions or powers, instead of the NNTT or the Registrar; and
 (b) if one of the powers specified in the determination is the power to make determinations under Subdivision P of Division 3 of Part 2 of this Act—for the purposes of sections 36A, 36B, 36C and 42 of this Act, the State Minister or the Territory Minister of the relevant State or Territory had the powers of the Commonwealth Minister under that section, instead of the Commonwealth Minister.
Note: The Administrative Decisions (Judicial Review) Act 1977 will apply to decisions that an equivalent body or a State or Territory Minister may, because of this section, make under this Act to the same extent to which it applies to corresponding decisions of the NNTT, the Native Title Registrar or the Commonwealth Minister under this Act.

Vesting of functions and powers in equivalent bodies
 (6) While the determination is in force, the functions and powers specified in the determination are vested in the one or more equivalent bodies, in the circumstances set out in the determination.

Revocation of determination
 (7) If, at any time:
 (a) the law of the State or Territory is amended; and
 (b) as a result, the Commonwealth Minister ceases to be satisfied as mentioned in subsection (4) in relation to any or all of the equivalent bodies;
he or she must:
 (c) advise the State Minister or the Territory Minister concerned in writing of the fact; and
 (d) if at the end of 90 days, or such longer period as the Commonwealth Minister allows, after doing so, the Commonwealth Minister is still not satisfied as mentioned in subsection (4)—by legislative instrument, revoke the determination.

Regulations to make transitional provisions
 (8) The regulations may prescribe any modifications of this Act that are necessary or convenient to deal with transitional matters arising from the making