Document ID: chunk:federal_register_of_legislation:F2024C00961:reg:8:p2
Version: federal_register_of_legislation:F2024C00961
Segment Type: reg
Provision Reference: reg 8 (pt 2/2)
Character Range: 17868–19275

A standing instructions decision is covered by an approval under this subregulation if:
 (a) the prescribed body corporate has the approval of the following to make decisions of that kind without needing to consult and obtain further consent:
 (i) if the native title determination in relation to the prescribed body corporate identifies classes of common law holders—the classes of common law holders on whom the decision would have an effect;
 (ii) in any other case—the common law holders; and
 (b) any conditions imposed by the common law holders mentioned in subparagraph (a)(i) or (ii) on the approval have been met in relation to the decision.
 (9) The common law holders mentioned in subparagraph (8)(a)(i) or (ii) may give or revoke an approval, and impose, vary or revoke conditions on an approval:
 (a) if the approval relates to low level decisions—using a relevant consultation process in the constitution of the prescribed body corporate; or
 (b) in any case:
 (i) if there is a particular process of decision‑making that, under the Aboriginal or Torres Strait Islander traditional laws and customs of those common law holders, must be followed in relation to giving the approval—in accordance with that process; or
 (ii) if subparagraph (i) does not apply—in accordance with the process of decision‑making agreed to, or adopted, by those common law holders in relation to giving the approval.