Document ID: chunk:federal_register_of_legislation:C2024C00224:section:61:p2
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 61 (pt 2/3)
Character Range: 356976–361050

is within the external boundary of the area of land or waters covered by an approved determination of native title (the earlier determination) under which the registered native title body corporate holds, or is an agent prescribed body corporate in relation to, native title rights and interests; and
                                                                                                                                                                                                                         (b) either:
                                                                                                                                                                                                                         (i) the earlier determination is that native title does not exist in relation to the extinguished area; or
                                                                                                                                                                                                                         (ii) the extinguished area was expressly excluded from the area covered by the earlier determination because of subsection 61A(2) (restrictions on making of certain applications); and
                                                                                                                                                                                                                         (c) the persons who claim to be entitled to the compensation are the common law holders in relation to the earlier determination; or
                                                                                                                                                                                                                         (2) A person or persons authorised by all the persons (the compensation claim group) who claim to be entitled to the compensation, provided the person or persons are also included in the compensation claim group.
                                                                                                                                                                                                                         Note 1: The person or persons will be the applicant: see subsection (2) of this section.
                                                                                                                                                                                                                         Note 2: Section 251B states what it means for a person or persons to be authorised by all the persons in the compensation claim group.

Applicant in case of applications authorised by claim groups
 (2) In the case of:
 (a) a native title determination application made by a person or persons authorised to make the application by a native title claim group; or
 (b) a compensation application made by a person or persons authorised to make the application by a compensation claim group;
the following apply:
 (c) the person is, or the persons are jointly, the applicant; and
 (d) none of the other members of the native title claim group or compensation claim group is the applicant.

Applicant's name and address
 (3) An application must state the name and address for service of the person who is, or persons who are, the applicant.

Applications authorised by persons
 (4) A native title determination application, or a compensation application, that persons in a native title claim group or a compensation claim group authorise the applicant to make must:
 (a) name the persons; or
 (b) otherwise describe the persons sufficiently clearly so that it can be ascertained whether any particular person is one of those persons.

Form etc.
 (5) An application must:
 (a) be in the prescribed form; and
 (b) be filed in the Federal Court; and
 (c) contain such information in relation to the matters sought to be determined as is prescribed; and
 (d) be accompanied by any prescribed documents and any prescribed fee.