Native Title Amendment Act 2007 (61 of 2007)

Schedule 1   Amendments relating to representative Aboriginal/Torres Strait Islander bodies

Part 1   Amendments

Native Title Act 1993

45   After section 203FE

Insert:

203FEA Application of this Act to persons and bodies funded under subsection 203FE(1)

Subsection 203FE(1) body has the same obligations and powers as a representative body

(1) A person or body to whom funding is made available under subsection 203FE(1) to perform a function in respect of a particular area has the same obligations and powers in relation to the performance of that function as a body recognised as the representative body for that area would have in relation to the performance of that function.

Third parties should treat subsection 203FE(1) bodies in the same way as representative bodies

(2) A person (the third party ) has the same obligations and powers, in relation to a person or body to whom funding is made available under subsection 203FE(1) to perform a function in respect of a particular area, as the third party would have in relation to a body recognised as the representative body for that area who is performing, or has performed, that function.

Effect of certain provisions on subsection 203FE(1) bodies

(3) Without limiting subsection (1) or (2), the following provisions apply in the following ways:

(a) subsection 24DD(2) applies as if a person or body to whom funding is made available under subsection 203FE(1) to perform all of the functions of a representative body in respect of a specified area were the representative body for the area;

(b) section 203BD applies as if a person or body to whom funding is made available under subsection 203FE(1) to perform the facilitation and assistance functions in respect of a particular area were the representative body for the area;

(c) section 203FC applies in relation to a person or body to whom funding was made available under subsection 203FE(1) to perform some or all of the functions of a representative body in respect of a particular area, but who has ceased to perform those functions in respect of that area, in the same way as it would apply in relation to a former representative body (as defined for the purposes of that section) who had performed those functions in respect of that area;

(d) section 203FCA applies:

(i) in relation to a person or body to whom funding is made available under subsection 203FE(1) to perform some or all of the functions of a representative body in respect of a particular area - in the same way as it applies in relation to a representative body performing those functions in respect of that area; and

(ii) in relation to a person or body to whom funding was made available under subsection 203FE(1) to perform some or all of the functions of a representative body in respect of a particular area, but who has ceased to perform those functions in respect of that area - in the same way as it would apply in relation to a former representative body (as defined for the purposes of section 203FC) who had performed that function in respect of that area.

Inspection, audit and investigation under section 203DF not affected by funding ceasing

(4) The fact that:

(a) the period within which funding made available under subsection 203FE(1) is to be spent has expired; or

(b) funding under that subsection has otherwise ceased to be available;

does not affect the undertaking of an inspection and audit, or investigation, under section 203DF.

Further application may be prescribed

(5) Without limiting the other provisions of this section, the regulations may prescribe the way in which other provisions of this Act are to apply in relation to a person or body to whom funding is made available under subsection 203FE(1).

203FEB Application of this Act to persons and bodies funded under subsection 203FE(2)

Obligations and powers of persons and bodies to whom funding is made available

(1) A person or body to whom funding is made available under subsection 203FE(2) to perform specified facilitation and assistance functions in relation to a matter has the same obligations and powers in relation to the performance of those functions in relation to that matter as a body recognised as the representative body for that area would have in relation to the performance of those functions in relation to that matter.

Obligations and powers of third parties in relation to those bodies

(2) A person (the third party ) has the same obligations and powers, in relation to a person or body to whom funding is made available under subsection 203FE(2) to perform specified facilitation and assistance functions in relation to a matter, as the third party would have in relation to a body recognised as the representative body for the relevant area who is performing, or has performed, those functions in relation to that matter.

Section 203BD arrangements ineffective during funding period

(3) Subsection (4) applies if, as a result of a review under section 203FB of a refusal by a representative body for an area (the original body ) to perform facilitation and assistance functions in relation to a matter, funding is made available to a person or body under subsection 203FE(2) to perform specified facilitation and assistance functions in relation to the matter.

(4) Despite section 203BD, the representative body for an adjoining area cannot perform those functions in relation to that matter during the period within which the funding is to be spent, even if that body enters into an arrangement with the original body to do so.

Effect of certain other provisions on subsection 203FE(2) bodies

(5) Without limiting subsection (1) or (2), the following provisions apply in the following ways:

(a) section 203FC applies in relation to a person or body to whom funding was made available under subsection 203FE(2) to perform specified facilitation and assistance functions in relation to a matter, but who has ceased to perform those functions in relation to that matter, in the same way as it would apply in relation to a former representative body (as defined for the purposes of that section) who had performed those functions in relation to that matter;

(b) section 203FCA applies:

(i) in relation to a person or body to whom funding is made available under subsection 203FE(2) to perform specified facilitation and assistance functions in relation to a matter - in the same way as it would apply in relation to a representative body performing those functions in relation to that matter; and

(ii) in relation to a person or body to whom funding was made available under subsection 203FE(2) to perform specified facilitation and assistance functions in relation to a matter, but who has ceased to perform those functions in relation to that matter - in the same way as it would apply in relation to a former representative body (as defined for the purposes of section 203FC) who had performed those functions in relation to that matter.

Inspection, audit and investigation under section 203DF not affected by funding ceasing

(6) The fact that:

(a) the period within which funding made available under subsection 203FE(2) is to be spent has expired; or

(b) funding under that subsection has otherwise ceased to be available;

does not affect the undertaking of an inspection and audit, or investigation, under section 203DF.

Further application may be prescribed

(7) Without limiting the other provisions of this section, the regulations may prescribe the way in which other provisions of this Act are to apply in relation to a person or body to whom funding is made available under subsection 203FE(2).

203FEC Certain provisions do not apply to persons and bodies funded under subsection 203FE(1) or (2)

(1) Section 203C does not apply in relation to the performance of a function, or the exercise of a power in relation to the performance of a function, by a person or body if funding is made available to the person or body under subsection 203FE(1) or (2) to perform the function.

(2) Section 203F does not apply in relation to:

(a) the performance of a function by a person or body; or

(b) serious or repeated irregularities in the financial affairs of a person or body in relation to the performance of a function by the person or body;

if funding is made available to the person or body under subsection 203FE(1) or (2) to perform the function.

(3) Section 203FB does not apply in relation to a person or body to whom funding is made available under subsection 203FE(2) to perform specified facilitation and assistance functions in relation to a matter, to the extent that the section would otherwise apply to the performance of those functions in relation to that matter by that person or body.

203FED Liability

(1) A person to whom funding is made available under subsection 203FE(1) or (2) to perform a function is not personally liable to an action or other proceeding for damages in relation to an act done or omitted to be done in good faith by the person in connection with the performance of the function, or the exercise of the person’s powers in relation to the performance of the function.

(2) An executive officer or a member of a body to whom funding is made available under subsection 203FE(1) or (2) to perform a function is not personally liable to an action or other proceeding for damages in relation to an act done or omitted to be done in good faith by:

(a) the body; or

(b) the person in the capacity of executive officer or member of the body;

in connection with the performance of the function, or the exercise of powers in relation to the performance of the function.