Document ID: chunk:federal_register_of_legislation:C2009A00083:clause:4_213a:p1
Version: federal_register_of_legislation:C2009A00083
Segment Type: clause
Provision Reference: sch 4 cl 213A (pt 1/2)
Character Range: 40328–43148

213A  Assistance from Attorney‑General

Assistance in relation to inquiries etc.
 (1) A person who is a party, or who intends to apply to be a party, to an inquiry, mediation or proceeding related to native title may apply to the Attorney‑General for the provision of assistance under this section in relation to the inquiry, mediation or proceeding.

Assistance in relation to agreements and disputes
 (2) A person who:
 (a) is or intends to become a party to an indigenous land use agreement or an agreement about rights conferred under subsection 44B(1); or
 (b) is in dispute with any other person about rights conferred under subsection 44B(1);
may apply to the Attorney‑General for the provision of assistance under this section in relation to:
 (c) negotiating the agreement; or
 (d) any inquiry, mediation or proceeding in relation to the agreement; or
 (e) resolving the dispute.
 (3) A person who is, or intends to become, a grantee party in relation to a future act to which Subdivision P of Division 3 of Part 2 applies may apply to the Attorney‑General for the provision of assistance under this section in relation to:
 (a) the development of a standard form of agreement to facilitate negotiation in good faith as mentioned in paragraph 31(1)(b); or
 (b) the development of a standard form of agreement which, if agreed by a grantee party in relation to a future act to which the Subdivision applies, would make it more likely that the Government party doing the act would consider it an act attracting the expedited procedure; or
 (c) a review of an existing standard form of agreement mentioned in paragraph (a) or (b), with a view to improving the standard form.
Note: Subdivision P of Division 3 of Part 2 deals with the right to negotiate.

Attorney‑General may grant assistance
 (4) If the Attorney‑General is satisfied that:
 (a) the applicant is not eligible to receive assistance in relation to the matter concerned from any other source (including from a representative Aboriginal/Torres Strait Islander body); and
 (b) the provision of assistance to the applicant in relation to the matter concerned is in accordance with the guidelines (if any) made under subsection (5); and
 (c) in all the circumstances, it is reasonable that the application be granted;
the Attorney‑General may authorise the provision by the Commonwealth to the applicant, either unconditionally or subject to such conditions as the Attorney‑General determines, of such legal or financial assistance as the Attorney‑General determines.

Attorney‑General may make guidelines
 (5) The Attorney‑General may, in writing, make guidelines that are to be applied in authorising the provision of assistance under this section.

Assistance not to be provided to Ministers
 (6) The Attorney‑General cannot authorise the provision of