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Rule Book of Patta Aboriginal Corporation RNTBC: June 29, 2009 (Australia [au])

Rule Book of Patta Aboriginal Corporation RNTBC: June 29, 2009 (Australia [au])

© Commonwealth of Australia
Comment:

Date of Lodgment: 06/29/2009

Date of Incorporation: 09/22/2005

Date of Determination: 09/03/2007

Type of Determination: Litigated Determination

Case Law: Patta Warumungu People v Northern Territory of Australia [2007] FCA 1386

ICN: 4534

 

1.  Name

The name of the Corporation is Patta Aboriginal Corporation RNTBC1

2.  Objectives

2.1  The Corporation aims to:

  1. (a)  be the subject of a determination under section 57 of the Native Title Act;

  2. (b)  be a registered native title body corporate in relation to a determination area for the purposes of the Native Title Act;

  3. (c)  perform the functions of a registered native title body corporate under sections 57 and 58 of the Native Title Act and regulation 7 the Native Title Regulations, as specified in Rule 7 below;

  4. (d)  protect the native title rights and interests of Native Title Holders;

  5. (e)  promote the recognition of the native title rights and interests of Native Title Holders;

  6. (f)  advance the cultural, social, political, economic and legal interests of Native Title Holders, including by establishing appropriate legal entities to achieve these objects;

  7. (g)  relieve the poverty, misfortune, disadvantage, distress, dispossession and suffering of Native Title Holders through various means including but not limited to the provision of cultural services and facilities, educational services and facilities, health care services and facilities, transportation and communication services and facilities, and land under secure title;

  8. (h)  take advantage of investment and commercial opportunities that arise or that relate to Native Title Holders and to exploit those opportunities to generate assets and funds for charitable purposes and employment opportunities for Native Title Holders; and

  9. (i)  perform any other functions that are ancillary or incidental to, but not inconsistent with, the carrying out of the foregoing objects and the functions of a registered native title body corporate.

2.2  Statutory Functions

In seeking to fulfil its objects, the Corporation has certain statutory functions that are or may be prescribed by the Native Title Regulations for a registered native title body corporate (not acting as trustee), including the following:

  1. a)  to act as agent or representative of the Native Title Holders in respect of matters relating to the native title rights and interests;

  2. b)  to manage the native title rights and interests of the Native Title Holders as authorised by the Native Title Holders;

  3. c)  to hold money (including payments received as compensation or otherwise related to the native title rights and interests) in trust; and

  4. d)  to invest or otherwise apply any money held in trust as directed by the Native Title Holders;

  5. e)  to consult with the Native Title Holders in accordance with Native Title Decisions, and

  6. f)  to perform any other function relating to the native title rights and interests as directed by the Native Title Holders.

3.  Members

Note: Only Patta Native Title Holders are eligible to become members of the Corporation. Nomination for membership is by the Native Title Holder group. Native Title Holders may nominate themselves. All memberships expire at the end of approximately one year, but Native Title Holders can be nominated for membership in subsequent years.

3.1  Who is eligible?

A member must be:

  • •  at least [18] years of age and

  • •  an Aboriginal or Torres Strait Islander person who are Native Title Holders.

3.2  How to become a member

a.  A person is eligible under rule 3.1.

b.  Nomination for membership is by the Native Title Holder group. Native Title Holders may nominate themselves.

c.  Membership of the Corporation is for approximately one year, being for the period from the close of one annual general meeting (AGM) to the close of the next annual general meeting (or the balance of the relevant period in the case of a person filling a vacancy). A Native Title Holder is eligible for nomination, including self-nomination, for subsequent terms of membership.

d.  A current member may not vote on his or her own admission to membership.

e.  Each nominated member is to be admitted by the current members of the Corporation by consensus at the annual general meeting. Current members may only object to a nomination where they are of the opinion that the person is either:

  • –  not a Native Title Holder; or

  • –  there is a provision in these Rules or the Act that makes the person ineligible to be a member of the Corporation.

Where any objection is not resolved by consensus, the nomination shall be referred to senior mangaya and kurtungurlu present at the annual general meeting. The recommendation of senior mangaya and kurtungurlu is to be putto the meeting and the nomination admitted to membership if passed by a resolution of not less than three quarters of the current members present at the annual general meeting.

f.  The admission of Native Title Holders to membership takes effect immediately following the close of the annual general meeting at which a resolution is passed admitting the Native Title Holders to membership. The membership of the current members automatically expires at the close of the same annual general meeting.

g.  If the annual general meeting or the business of the annual general meeting has not been completed within 5 months of 30 June in any year, any 5 members may in writing request the Representative Body to assist in ensuring that the business of the annual general meeting including the nomination and admission of new members is completed as soon as practicable.

h.  The person’s name and date they became a member is put on the register of members.

3.3  Members’ rights

A member:

  • •  can attend, speak and vote at general meetings

  • •  can be made a director

  • •  can put forward resolutions at general meetings

  • •  can ask the directors to call a general meeting

  • •  can look at the books and records of the Corporation (if the directors have authorised them to do this, or if the members have passed a resolution which lets them do this).

3.4  Members’ responsibilities

A member:

  • •  must follow these rules

  • •  lets the Corporation know if they change their address

  • •  consider, and be guided by, acknowledged traditional law and observed traditional custom of the Native Title Holders;

  • •  treats other members with respect.

3.5  Liability of members

Members do not have to pay Corporation debts if the Corporation is wound up.

3.6  How to stop being a member

A person stops being a member if:

  • •  they resign in writing

  • •  they die

  • •  their term of membership expires, at the close of the annual general meeting

  • •  their membership is cancelled.

The person’s name and date they stopped being a member is put on the register of former members.

3.7  Cancelling membership

If a member:

  • •  can’t be contacted for two years

  • •  misbehaves or

  • •  is not an Aboriginal or Torres Strait Islander person

the member can only be removed by special resolution at a general meeting. The directors must then send that person a copy of the special resolution at their last known address, as soon as possible after it has been passed.

If a person is not eligible for membership for some other reason, the directors can cancel their membership by passing a resolution at a directors meeting. Before the meeting, directors need to give the member 14 days to object in writing. If the member objects, the directors can’t cancel the membership. The member can only then be removed at a general meeting by resolution.

3.8  The register of members

The register must contain:

  • •  members’ and former members’ names and addresses

  • •  the date when the names were put on the list

  • •  for former members, the date when they stopped being a member.

It must be kept at the Corporation’s document access address.

It must be available at the annual general meeting (AGM).

4.  Meetings

4.1  AGM timing

AGMs must be held before the end of November each year.

4.2  AGM business

AGMs are for:

  • •  confirming the minutes of the previous general meeting

  • •  presenting reports: general, financial, directors’

  • •  electing directors

  • •  choosing an auditor (if required) and agreeing on the fee

  • •  checking the register of members

  • •  asking questions about how the Corporation is managed.

4.3  General meetings

A director can call a general meeting.

Members can ask directors to call a general meeting.

The directors must call the general meeting within 21 days.

Number of members in Corporation

Number of members needed to ask for a general meeting

2 to 10 members

= 1 member

11 to 20 members

= 3 members

21 to 50 members

= 5 members

51 members or more

= 10% of members

4.4  General meeting business

General meetings are for:

  • •  confirming the minutes of the previous general meeting

  • •  everything in the notice of the meeting.

4.5  Notice for general meetings

At least 21 days notice must be given.

Notice must be given to members, directors, officers, the contact person and the auditor, if the Corporation has one.

The notice must set out:

  • •  the place, date and time for the meeting

  • •  the business of the meeting

  • •  if a special resolution is being proposed, and what it is

  • •  if a member can appoint a proxy.

Notices can be given to members personally (or in a manner which accords with Aboriginal or Torres Strait Islander custom), sent to their address, sent by fax or sent by email.

A notice of meeting:

  • •  sent by post is taken to be given 3 days after it is posted

  • •  sent by fax, or other electronic means, is taken to be given on the business day after it is sent

4.6  Members’ resolutions

Members can propose a notice of a resolution and then give it to the Corporation.

Number of members in Corporation

Number of members needed to propose a resolution

2 to 10 members

= 1 member

11 to 20 members

= 3 members

21 to 50 members

= 5 members

51 members or more

= 10% of members

The notice must set out the resolution in writing and must be signed by the members proposing it.

The Corporation must give notice of the resolution to all people entitled to it (see rule 4.5).

The Corporation must consider the resolution at the next meeting which is being held at least 28 days after the notice has been sent out.

4.7  Quorum at general meetings

A quorum shall be 7 members of the Corporation.

The quorum must be present during the whole meeting. If there’s no quorum after one hour, the meeting is adjourned until a date to be determined by the directors of the Corporation. If there’s still no quorum, the meeting is cancelled.

4.8  Chairing general meetings

The chairperson will chair general meetings. If the chairperson is not available, the directors can elect someone to chair the meeting. If they don’t, the members must elect someone.

4.9  Using technology

General meetings can be held at more than one place using any technology that gives members a way of taking part.

4.10  Voting

Each member has one vote. The chair has one vote (if he or she is a member) plus a casting vote.

A challenge to a right to vote at a general meeting may only be made at the meeting, and must be determined by the chair, whose decision is final.

A resolution can be decided by majority on a show of hands, unless a poll is demanded. (A poll is a formal vote, not by show of hands—for example, by writing on a voting paper or placing marbles in labelled jars.)

The chair tells the meeting whether they have received any proxy votes and what they are.

The chair declares the results of the vote, on a show of hands, or when a poll is demanded.

4.11  Demanding a poll

Any member entitled to vote on the resolution or the chair can demand a poll.

A poll can be held before or after a show of hands vote.

A poll on the election of a chair or on the question of an adjournment must be taken immediately. A poll demanded on other matters must be taken when and in the manner the chair directs.

4.12  Proxies

Members can appoint a person as proxy to attend meetings and vote for them.

Proxies can also speak at meetings and join in demanding a poll. They can vote if their appointment allows them to.

A proxy appointment must contain the member’s name and address, the Corporation’s name, the proxy’s name, the meeting where the proxy is going, and it must be signed by the member.

The Corporation must receive the proxy’s appointment at least 24 hours before the meeting.

A person must not be a proxy for more than one member.

5.  Directors

5.1  Number of directors

The number of directors of the Corporation is decided at the general meeting.

The minimum number is 10 directors (including office bearers), and the maximum number is 12 directors (including office bearers).

5.2  Eligibility of directors

A director must be:

  • •  at least 18 years old

  • •  a member of the Corporation

5.3  Majority of director requirements

A majority of directors of the Corporation must:

  • •  be individuals who are Aboriginal or Torres Strait Islander persons (if your rule 5.2 allows non-Indigenous people as directors)

  • •  usually reside in Australia

  • •  members of the Corporation

  • •  not be employees of the Corporation.

The chief executive officer may be a director but cannot chair the directors’ meetings.

5.4  How to become a director

Directors must give the Corporation their consent in writing to be a director.

Directors are appointed for approximately one year, being for the period from the close of one annual general meeting to the close of the next annual general meeting (or the balance of the relevant period in the case of a person filling a vacancy). A Native Title Holder is eligible for nomination for subsequent Directors terms of office.

Native Title Holders may be nominated as directors by current members of the Corporation at the annual general meeting.

The current members of the Corporation must confirm each nomination for the directors positions according to the process for admitting members of the Corporation under rule 3.2 (e). Each Native Title Holder admitted to be a Director is automatically a member of the Corporation.

The admission of Native Title Holders as Directors takes effect immediately following the close of the annual general meeting at which the resolution is passed admitting those Native Title Holders as Directors. The term of office of the current Directors automatically expires at the close of the same annual general meeting.

If the annual general meeting admits less than ten nominations for membership of the Directors, current members of the Corporation present must, before the close of the annual general meeting, nominate further persons who are eligible to be members of the Directors in order that at least ten Native Title Holders are admitted to be members of the Directors. Each further nomination must be confirmed and admitted to membership of the Directors according to the process for admitting members of the Corporation under rule 3.2 (e).

If the nomination and admission to membership of new members of the Directors has not been undertaken or completed on the day of the annual general meeting, the meeting must be adjourned and reconvened as soon as practicable to enable the nomination and admission procedures to be completed before the close of the meeting.

If the annual general meeting or the business of the annual general meeting has not been completed within 5 months of 30 June in any year, any 5 members of the Corporation may in writing request the Registrar and/or the Representative Body to assist in ensuring that the business of the annual general meeting including the nomination and admission of new members of the Directors is completed as soon as practicable.

5.5  Directors’ terms of appointment and rotation

Directors are appointed at the annual general meeting for a term of one year. They are eligible to be re-elected.

5.6  How to become an office bearer (chairperson, vice-chairperson and treasurer)

At the first director’s meeting after each AGM, the directors elect the office bearers of the Corporation from the directors.

There shall be a chairperson, a vice-chairperson and a treasurer who shall be the office bearers.

5.7  How to become an independent or specialist non-member director

The directors may appoint non-member directors. Non-member directors may be selected for their independence or skills in financial management, corporate governance, accounting, law or a field relating to the Corporation’s activities, or both.

Non-member directors must give the Corporation their consent in writing to be a director before being appointed. Non-member directors are appointed for the term specified in writing by the directors in their appointment. The term of appointment cannot exceed two years, but they can be reappointed.

5.8  How to fill vacancies

Directors can fill casual director vacancies, including office bearers.

Directors can appoint someone as a director to make up a quorum. Their appointment must be confirmed by resolution at the next general meeting or they stop being a director.

5.9  How to stop being a director

A director dies.

A director resigns, in writing.

A director’s appointment expires.

A director is removed as a director by the members or the other directors.

A director is disqualified from managing a Corporation.

5.10  How to remove a director

By the members:

  • •  A notice for a resolution to remove a director must be given to the Corporation at least 21 days before the meeting.

  • •  The Corporation must give the director concerned a copy of the notice as soon as possible.

  • •  The director can give the Corporation a written statement and speak at the meeting. The statement must be given to everyone entitled to notice of the meeting (see rule 4.5).

By other directors:

  • •  Directors can only remove a director if the director fails to attend three or more consecutive directors meetings without a reasonable excuse.

  • •  Directors must give the director a notice in writing and they must give the director 14 days to object in writing.

  • •  If the director objects, they cannot remove the director. The director can only then be removed at a general meeting by resolution.

5.11  Directors’ and officers’ duties

The duties are:

  • •  a duty of care and diligence

  • •  a duty of good faith

  • •  a duty to disclose a conflict of interest (material personal interest)

  • •  a duty not to improperly use position or information

  • •  a duty to not trade while insolvent.

The business of the Corporation is to be managed by or under the direction of directors. The directors may exercise all the powers of the Corporation except any that the CATSI Act or this rule book requires the Corporation to exercise in general meeting.

5.12  Conflict of interest (material personal interest)

A director who has a material personal interest in a Corporation matter must tell the other directors.

This notice must give details of what the interest is and how it relates to the Corporation. It must be given at a directors’ meeting as soon as possible, and it must be recorded in the minutes of the meeting.

A director who has a material personal interest must not:

  • •  be present at the directors’ meeting while the matter in question is being considered;

  • •  vote on the matter in question unless allowed to do so under the CATSI Act.

5.13  Payment

Directors are not paid, unless they are employees of the Corporation, or unless they have a contract to provide goods or services (so long as the director has exercised any duty to disclose a conflict of interest).

The Corporation may pay the directors’ travelling and other expenses for attending meetings or to do with other Corporation business.

5.14  Delegation

Directors can delegate, by passing a resolution, any of their powers to:

  • •  another director

  • •  a committee of directors

  • •  an employee of the Corporation.

5.15  Related party benefit

If a Corporation wants to give a financial benefit to a director or related party (such as a spouse of a director) it must get the approval of the members by following the procedure in part 6.6 of the CATSI Act.

5.16  Directors’ meetings

Directors must meet at least every three months.

The directors will usually decide at a meeting when and where the next meeting will be.

A director can call a meeting by giving reasonable notice to all the other directors.

5.17  Quorum for directors’ meetings

A majority of the directors must be present at all times during the meeting.

5.18  Chairing directors’ meetings

The directors can elect a director to chair their meetings.

They must decide how long that director will be the chair.

5.19  Using technology

Directors’ meetings can be held at more than one place using any technology, as long as they all agree to it.

5.20  Resolutions at directors’ meetings

A resolution of directors must be passed by a majority of the votes.

The chair has a vote, plus a casting vote.

Resolutions can be passed without a directors’ meeting if all directors sign a statement saying that they are in favour of it.

6.  Contact person

The contact person must be at least 18 years old.

The directors appoint a contact person.

The directors decide the contact person’s pay and terms and conditions of employment, if any.

The contact person must pass on any correspondence received to at least one of the directors within 14 days.

The contact person must give the Corporation their consent in writing to become a contact person.

7.  Records

The Corporation must keep the:

  • •  minutes of meetings (in writing or as an audio or video recording)

  • •  rule book (constitution)

  • •  register of members and former members

  • •  names and addresses of directors, officers and the contact person

  • •  financial records.

They must be kept at the Corporation’s document access address.

8.  Finances

All money of the Corporation must be deposited into the Corporation’s bank account.

The Corporation must give receipts for all money it receives.

All cheques, withdrawal forms and other banking documents must be signed by at least two directors.

All accounts must be approved for payment at a directors’ meeting.

9.  Application of funds

Directors can use the money and property of the Corporation to carry out its business. They cannot give the money and property to members of the Corporation.

Note: This rule does not stop the Corporation from making reasonable payment:

  • •  to a member in their capacity as an employee; or

  • •  to a member under a contract for goods or services provided.

10.  Winding up

The winding up of the Corporation shall be in accordance with the CATSI Act.

10.1  Resolution to distribute surplus assets Subject to rule 10.2, where:

  1. (a)  the Corporation is wound up

  2. (b)  after all debts and liabilities have been taken care of, and costs of winding up have been paid, surplus asset of the Corporation exist,

the members may pass a special resolution relating to the distribution of the surplus assets of the Corporation.

10.2  The distribution of surplus assets must not be made to any member or to any person to be held on trust for any member.

11.  Dispute resolution

If a dispute arises, the parties must first try to resolve it themselves.

If the dispute is not resolved within 10 business days, any party may give a dispute notice to the other parties.

The dispute notice must be in writing and must say what the dispute is about. It must be given to the Corporation.

The directors or any of the dispute parties may ask the Registrar for assistance.

The directors must help the parties resolve the dispute within 20 business days after the Corporation receives the notice.

If the directors cannot resolve the dispute, it must be put to the members to resolve at a general meeting.

12.  Performance of Functions and Exercise of Powers General

Subject to these Rules, the CATSI Act, the Native Title Act and the Native Title Regulations, the Corporation has power to do all things necessary or convenient to be done to fulfil the objects of the Corporation.

The Corporation shall not perform a function or exercise a power except to fulfil an object of the Corporation, and in performing a function or exercising a power shall act so as to:

  1. a)  protect the interests of Affected Native Title Holders;

  2. b)  minimise, and to the greatest extent practicable, avoid exposing Native Title Holders to claims, actions or debts for which they may be personally liable; and

  3. c)  when making a native title decision, comply with Rule 14 and act in accordance with the consent and direction of Affected Native Title Holders.

13.  Native Title Decisions

Note: Native title decisions can only be made in accordance with the consultation and consent procedures specified in the Native Title Regulations and these Rules. These procedures are set out in the following paragraphs. They require the Corporation to consult with and obtain the consent of the Affected Native Title Holders and only to make a native title decision at their direction.

13.1  The Corporation may only make a native title decision after it:

  1. a)  has used its best endeavours to accurately identify the Affected Native Title Holders;

  2. b)  is satisfied that the Affected Native Title Holders understand the nature and purpose of the proposed native title decision, and the extent, if any, of any claims, actions or debts to which the Affected Native Title Holders may be liable as a result of the native title decision;

  3. c)  has consulted and considered the views of the Representative Body and given notice of those views to the Affected Native Title Holders; and

  4. d)  is satisfied that the Affected Native Title Holders consent to the making of the proposed native title decision and have given a direction to the Corporation to make the native title decision.

Note: Paragraph (c) requires the Corporation to consult the Representative Body, consider its views, and give notice of those views to Affected Native Title Holders. Although the Corporation and the Affected Native Title Holders are to consider the views of the Representative Body, the decision to either consent or not consent to the proposed native title decision remains the responsibility of Affected Native Title Holders, and they must give the necessary direction to the Corporation.

13.2  When the Corporation has complied with all of the requirements of Rule 14.1 and the Affected Native Title Holders have consented to the making of the proposed native title decision and have directed the Corporation to make the native title decision, the Corporation must, as soon as reasonably practicable, make and implement the native title decision.

Evidence of consultation and consent

The consultation and consent procedures that the Corporation is required to follow must be documented in the way set out in the Native Title Regulations and these Rules. The documentation required is set out in the following paragraphs.

13.3  Affected Native Title Holders are taken to have been consulted on, and to have consented to, a proposed native title decision once the Corporation has had a document prepared that:

  1. (a)  certifies matters in accordance with Rule 13.4;

  2. (b)  where Rule 13.4(a) applies—complies with Rule 13.5;

  3. (c)  where Rule 13.4(b) applies—complies with Rule 13.6; and

  4. (d)  is signed in accordance with Rule 13.7.

13.4  The document referred to in Rule 13.3 must certify:

  1. (a)  that the Affected Native Title Holders have been consulted about, and have consented to, the proposed native title decision; or

  2. (b)  that:

    1. (i)  the proposed native title decision is of a kind about which the Affected Native Title Holders have been consulted; and

    2. (ii)  the Affected Native Title Holders have decided that decisions of that kind can be made by the Corporation.

Note: Rules 13.4(a) & 13.5 are the Rules that will normally apply to a native title decision. Rules 13.4(b) & 13.6 only apply where Affected Native Title Holders have previously been consulted about a particular kind of native title decision in accordance with Rules 13.4(a) & 13.5, and Affected Native Title Holders have said that in future, decisions of that kind can be made by the Corporation without undertaking further consultations with them.

13.5  A document referred to in Rule 13.3 is certified in accordance with Rule 13.4(a) if it contains:

  1. a)  a description of the proposal that is the subject of the proposed native title decision;

  2. b)  a description (including a map) sufficient to accurately identify the affected area;

  3. c)  a description of the information provided to Affected Native Title Holders to enable them to understand the effect of the proposal and the purpose and nature of the proposed native title decision;

  4. d)  a description of the information provided to Affected Native Title Holders to enable them to understand the extent, if any, of any claims, actions or debts to which they may be liable as a result of the proposed native title decision;

  5. e)  a report setting out the identity of the Affected Native Title Holders and details of the consultations that have been held with them about the proposed native title decision;

  6. f)  a statement that the Affected Native Title Holders have been consulted about, and have either consented to, or not consented to, the proposed native title decision;

  7. g)  a statement by each person who signs the document that he or she believes that the conditions referred to in Rule 13.1 for the making of a native title decision have been met; and

  8. h)  the identity, qualifications and signature of the person who prepared the document for the Corporation.

13.6  A document referred to in Rule 13.3 is certified in accordance with Rule 13.4 if it contains:

  1. (a)  a description of the proposal that is the subject of the proposed native title decision;

  2. (b)  a description (including a map) sufficient to accurately identify the affected area;

  3. (c)  the identity of the Affected Native Title Holders;

  4. (d)  sufficient information to enable the Corporation to understand the effect of the proposal and the purpose and nature of the proposed native title decision;

  5. (e)  sufficient information to enable the Corporation to understand the extent, if any, of any claims, actions or debts to which the Affected Native Title Holders may be liable as a result of the proposed native title decision;

  6. (f)  a statement that the proposed native title decision is of a kind about which the Affected Native Title Holders have previously been consulted and have decided that decisions of that kind can be made by the Corporation, and a document complying with Rules 13.4(a) and 13.5 certifying this;

  7. (g)  a statement by each person who signs the document that he or she believes that the conditions referred to in Rule 13.1 for the making of a native title decision have been met; and

  8. (h)  the identity, qualifications and signature of the person who prepared the document for the Corporation.

13.7  The document that the Corporation is required to prepare under Rule 13.3 (as evidence of the consultation with, and the consent of, Affected Native Title Holders) must be:

  1. (a)  executed by at least 5 members of the Corporation who are Affected Native Title Holders; or

  2. (b)  if there are fewer than 5 members of the Corporation who are Affected Native Title Holders, executed by:

    1. (i)  at least 5 members of the Corporation; and

    2. (ii)  each of the members of the Corporation who is an Affected Native Title Holder; and

    3. (iii)  at least 5 other Affected Native Title Holders, or if there are fewer, that fewer number.

13.8  If there is a particular process of decision-making that, under the traditional laws and customs of the Affected Native Title Holders, must be followed in relation to the giving of the consent to making a native title decision, the consent must be given in accordance with that process.

13.9  If Rule 13.8 does not apply, the consent must be given by the Affected Native Title Holders in accordance with the process of decision-making agreed to, or adopted, by them for the proposed native title decision, or for decisions of the same kind as that decision.

13.10  Rule 13.1(c) (which requires the Corporation to consult and consider the views of the Representative Body) is taken to have been complied with if:

  1. (a)  a document, signed by at least 5 members of the Corporation, certifies that:

    1. (i)  the Representative Body for the affected area has been consulted about the proposed decision; and

    2. (ii)  the views of the Representative Body have been considered and Affected Native Title Holders given notice of those views in accordance with these Rules; and

  2. (b)  a document is signed by an authorised member of the Representative Body and certifies that the Representative Body has been consulted about the proposed native title decision by the Corporation.

13.11  An agreement that gives effect to a native title decision of the Corporation (other than an indigenous land use agreement of a kind described in section 24EB or 24EBA of the Native Title Act) has no effect to the extent that it applies to the decision, if the Corporation does not comply with the relevant provisions of Rule 14 specified above.

14.  Outsourcing and Assistance

Where the Corporation is carrying out its functions and exercising its powers to fulfil its objects, it may request the assistance or engage the services of the Representative Body or an appropriately qualified consultant.

Anything done by the Representative Body or an appropriately qualified consultant in relation to a native title decision under Rule 13 shall be done in accordance with these Rules as if the Corporation was doing it. The Corporation, where it is satisfied that this has been done, may act on a report prepared by the Representative Body or the consultant as to doing of those things as if the Corporation had done those things itself, and may be satisfied on the basis of such a report as to the matters required to make a native title decision under Rule 0.

15.  Dictionary

affect has the meaning given in section 227 of the Native Title Act which provides that “An act affects native title if it extinguishes the native title rights and interests or if it is otherwise wholly or partly inconsistent with their continued existence, enjoyment or exercise”.

affected area means an area of land or waters about which a native title decision is proposed to be made.

Affected Native Title Holders means those Native Title Holders who hold native title rights and interests that would be affected by a proposed native title decision.

approved determination of native title has the meaning given in section 253 of the Native Title Act.

Body corporate agreement means an indigenous land use agreement (body corporate agreement) under subdivision B of Division 3 of Part 2 of the Native Title Act.

kurdungurlu means those persons who have acknowledged or recognised responsibilities as a kurdungurlu in accordance with acknowledged traditional law and observed traditional custom through one or more of their following ancestors:

  1. (i)  tapu tapu (mothers’ father);

  2. (ii)  tapu tapu (fathers’ mother); or

  3. (iii)  jurttanti (mothers’ mother).

mangaya means those persons who have responsibilities in accordance with acknowledged traditional law and observed traditional custom arising through their descent ties to the estate of their arrenge (father’s father).

Native Title Act means the Native Title Act 1993 (Cth).

native title decision has the meaning given in sub regulation 8(1) of the Native Title Regulations and means a decision:

to surrender native title rights and interests in relation to the determination area;

or to do, or agree to do, any other act the would affect the native title rights and interests of the Native Title Holders,

and in these Rules includes a decision refusing to make a proposed native title decision.

Native Title Holders means the persons who hold the common or group rights comprising native title in the Determination area.

native title and native title rights and interests has the same meaning as in the Native Title Act.

Native Title Regulations means the Native Title (Prescribed Bodies Corporate) Regulations 1999.

Representative Body means the Central Land Council and any other body that is from time to time recognised as a representative Aboriginal/Torres Strait Islander body under section 203AD of the Native Title Act for any part of the determination area.

Schedule 1  Application for membership form

Schedule 2  Proxy form