Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:5_4:p1
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 5 cl 4 (pt 1/2)
Character Range: 579293–581890

4  Transitional—old Act section 29 notices etc.

Old Act section 29 notices—section 28 satisfied or arbitral body application

(1) If, before the commencement of the new "right to negotiate" provisions:
 (a) a notice was given in relation to a future act under section 29 of the old Act; and
 (b) apart from this subitem, the new "right to negotiate" provisions would apply in relation to the future act after the commencement of this Act; and
 (c) either:
 (i) the requirements of any of paragraphs 28(1)(a) to (f) of the old Act were satisfied; or
 (ii) an application was made under section 35 of the old Act to an arbitral body and had not been withdrawn;
then, after the commencement of this Act, the old "right to negotiate" provisions continue to apply, despite the amendments made by this Act, in relation to the future act.

Old Act section 29 notices—old Act native title parties

(2) If:
 (a) a notice under section 29 of the old Act was given in relation to a future act at least 2 months before the commencement of the new "right to negotiate" provisions; and
 (b) apart from this subitem, the new "right to negotiate" provisions would apply in relation to the future act after the commencement of this Act; and
 (c) subitem (1) does not apply to the future act;
then, after the commencement of this Act, the new "right to negotiate" provisions apply in relation to the future act as if:
 (d) the only persons who were native title parties were those who were native title parties under the old Act; and
 (e) the requirements of section 29 of the new Act had been complied with.

Old Act section 29 notices—expedited procedure

(3) If:
 (a) before the commencement of the new "right to negotiate" provisions:
 (i) a notice under section 29 of the old Act was given in relation to a future act; and
 (ii) the notice included a statement that the Government party considered the act to be an act attracting the expedited procedure; and
 (iii) an objection was lodged under subsection 32(3) of the old Act against the inclusion of the statement; and
 (b) by the time the new "right to negotiate" provisions commenced, no determination had been made under section 32(4) of the old Act in relation to the objection; and
 (c) apart from this subitem, the new "right to negotiate" provisions would apply in relation to the future act after the commencement of this Act;
then, after the commencement of this Act:
 (d) the old "right to negotiate" provisions continue to apply, despite the amendments made by this Act, for the purpose of making the determination; and
 (e) if the determination