Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:3_203ad
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 3 cl 203AD
Character Range: 399197–401315

203AD  Recognition of representative bodies

Commonwealth Minister may recognise representative bodies

 (1) The Commonwealth Minister may, by written instrument, recognise, as the representative body for an area, an eligible body that has applied under section 203AB to be the representative body for the area if the Commonwealth Minister is satisfied that:
 (a) the body will satisfactorily represent persons who hold or may hold native title in the area; and
 (b) the body will be able to consult effectively with Aboriginal peoples and Torres Strait Islanders living in the area; and
 (c) if the body is already a representative body—the body satisfactorily performs its existing functions; and
 (d) the body would be able to perform satisfactorily the functions of a representative body.

When recognition takes effect

 (2) The recognition of the body as a representative body takes effect on the day specified in the instrument of recognition. However, that day must not precede the day on which Division 3 commences.

Exempt State bodies

 (3) The Commonwealth Minister must not recognise an exempt State body unless satisfied that the obligations it would have under this Act, together with its other obligations under the laws of a State, provide an appropriate level of accountability.

Commonwealth Minister not to recognise more than one body for an area

 (4) The Commonwealth Minister must not, under this section, recognise a body as the representative body for an area at a particular time if, at that time, there is already a representative body recognised under this section (whether or not the recognition has taken effect) for all or part of that area.

Note: The fact that a representative body has previously been determined under section 202 will not prevent recognition of a body under this section.

Notifying unsuccessful applicants

 (5) If the Commonwealth Minister decides not to recognise as the representative body for an area a body that applied for that recognition, the Commonwealth Minister must notify the body, in writing, of the decision and the reasons for the decision.