Schedule 8, Part 2 Registered native title bodies corporate Membership and common law holders – – Require RNTBC constitutions to include dispute F3 Items 4-5, 8-10, 30 resolution pathways for common law holders Division 1 Require RNTBC constitutions to reflect the native title F3 Items 5-7, 11, 31 determination 12, 14, Division 1 Limit grounds for cancelling RNTBC membership F4 Items 15-20 and 31 22, Division 1 an RNTBC directors’ discretion to refuse F5 Items 23-26, 32 membership Division 2 Schedule 8, Part 3 Registered native title bodies corporate Jurisdiction of courts – – Confer on the Federal Court of Australia exclusive F11 Items 28-38 32 jurisdiction in relation to RNTBC-related matters under the CATSI Act Registered Native Title Bodies Corporate Legislation Amendment Regulations 2018 Create an additional power for the Registrar of F7 Item 3 36 Indigenous Corporations to make a finding that a certificate fails to comply with the PBC Regulations Clarify the consultation and consent requirements for F10 Item 18-20, and 34 native title decisions items 24-30 Require PBCs to consult with, and seek the consent E5 Item 23 35 of, common law holders before making a compensation application Remove the requirement to consult with native title C4 Item 25 36 representative bodies Clarify the requirement to consult with groups of F9 Item 27 34 common law holders Enhance the certification requirements for certain F7 Item 30-35 35 decisions made by the PBCS Measures not in options Acting appointments to the National Native Title N/A Item 3, Schedule 29 Tribunal 7 Clarifying the Commonwealth Minister’s intervention N/A Item 1, Part 1, 20 power to High Court proceedings Schedule 5
Schedule 8, Part 2 – Registered native title bodies corporate – Membership and common law holders Require RNTBC constitutions to include dispute resolution pathways for common law holders F3 Items 4-5, 8-10, Division 1 30 Require RNTBC constitutions to reflect the native title determination F3 Items 5-7, 11, 12, 14, Division 1 31 Limit grounds for cancelling RNTBC membership F4 Items 15-20 and 22, Division 1 31 an RNTBC directors’ discretion to refuse membership F5 Items 23-26, Division 2 32 Schedule 8, Part 3 – Registered native title bodies corporate – Jurisdiction of courts Confer on the Federal Court of Australia exclusive jurisdiction in relation to RNTBC-related matters under the CATSI Act F11 Items 28-38 32 Registered Native Title Bodies Corporate Legislation Amendment Regulations 2018 Create an additional power for the Registrar of Indigenous Corporations to make a finding that a certificate fails to comply with the PBC Regulations F7 Item 3 36 Clarify the consultation and consent requirements for native title decisions F10 Item 18-20, and items 24-30 34 Require PBCs to consult with, and seek the consent of, common law holders before making a compensation application E5 Item 23 35 Remove the requirement to consult with native title representative bodies C4 Item 25 36 Clarify the requirement to consult with groups of common law holders F9 Item 27 34 Enhance the certification requirements for certain decisions made by the PBCS F7 Item 30-35 35 Measures not in options Acting appointments to the National Native Title Tribunal N/A Item 3, Schedule 7 29 Clarifying the Commonwealth Minister’s intervention power to High Court proceedings N/A Item 1, Part 1, Schedule 5 20
native-title-consultation-paper.docx