Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:2_183:p1
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 2 cl 183 (pt 1/2)
Character Range: 337902–340814

183  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.

Attorney-General may grant assistance

 (3) 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) determined under subsection (4); 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 determine guidelines

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

Assistance not to be provided to Ministers

 (5) The Attorney-General cannot authorise the provision of assistance under this section to the Commonwealth Minister, a State Minister or a Territory Minister.

Assistance not to be provided to native title claimants etc.

 (6) The Attorney‑General must not authorise the provision of assistance under this section to a person in relation to:
 (a) any claim by the person, in an inquiry, mediation or proceeding, to hold native title or to be entitled to compensation in relation to native title; or
 (b) an indigenous land use agreement, if the person holds or claims to hold native title in relation to the area covered by the agreement; or
 (c) an agreement or dispute about rights conferred under subsection 44B(1), if the person is included in the native title claim group concerned.

Delegation by Attorney‑General

 (7) The Attorney-General may, in writing, delegate any or all of his or her powers under subsection (3) to:
 (a) the Secretary of the Department; or
 (b) a person engaged