Document ID: chunk:federal_register_of_legislation:C2010C00306:clause:5_1:p1
Version: federal_register_of_legislation:C2010C00306
Segment Type: clause
Provision Reference: sch 5 cl 1 (pt 1/4)
Character Range: 116139–118656

1  Applications not considered or reconsidered under items 89 and 90 of Schedule 2 to the Native Title Amendment Act 2007

(1) This item applies to a native title determination application amended before the day on which this item commences by a person or persons claiming to hold native title if:
 (a) the application as amended is not one to which item 89 or 90 of Schedule 2 to the Native Title Amendment Act 2007 applies; and
 (b) either:
 (i) the Registrar has decided not to accept the claim made in the application, as amended, for registration before the day on which this item commences; and
 (ii) the decision of the Registrar is one to which section 190D of the Native Title Act 1993, as in force immediately before the commencement of Schedule 2 to the Native Title Amendment Act 2007, applies;
  or:
 (iii) the Registrar has not yet decided whether to accept the claim made in the application, as amended, for registration by the day on which this item commences; and
 (iv) section 190D of the Native Title Act 1993, as in force immediately before the commencement of Schedule 2 to the Native Title Amendment Act 2007, will apply if the Registrar decides not to accept the claim; and
 (c) the claim is not on the Register of Native Title Claims on the day on which this item commences.

(2) The Registrar must:
 (a) reconsider the claim under section 190A, as in force immediately before the commencement of this item or, if the claim has not already been considered under that section, consider the claim under that section; and
 (b) use his or her best endeavours to finish doing so by the end of one year after the day on which this item commences.
If the Registrar does not do so by that time, the Registrar must reconsider or consider (as the case requires) the claim under that section as soon as reasonably practicable afterwards.

(3) If, either before the Registrar begins to reconsider, or consider, the claim in accordance with subitem (2), or while the Registrar is doing so, a notice is given in accordance with:
 (a) paragraph 24MD(6B)(c), as in force immediately before the commencement of this item; or
 (b) section 29, as in force at that time; or
 (c) a provision of a law of a State or Territory that corresponds to section 29, as in force at that time, and is covered by a determination in force under section 43, as in force at that time; or
 (d) a provision of a law of a State or Territory that corresponds to section 29, as in force at that time, and is covered by a determination