Commonwealth Consolidated Acts

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NATIVE TITLE ACT 1993 - SECT 203BA

How functions of representative bodies are to be performed

Functions to be performed in a timely manner

  (1)   A representative body must use its best efforts to perform its functions in a timely manner, particularly in respect of matters affected by:

  (a)   the time limits under this Act; or

  (b)   time limits, under another law of the Commonwealth or a law of a State or Territory, that are relevant to the performance of its functions.

Maintenance of organisational structures and processes

  (2)   A representative body must perform its functions in a manner that:

  (a)   maintains organisational structures and administrative processes that promote the satisfactory representation by the body of native title holders and persons who may hold native title in the area for which it is the representative body; and

  (b)   maintains organisational structures and administrative processes that promote effective consultation with Aboriginal peoples and Torres Strait Islanders living in the area for which it is the representative body; and

  (c)   ensures that the structures and processes operate in a fair manner, having particular regard to:

  (i)   the opportunities for the Aboriginal peoples or Torres Strait Islanders for whom it might act to participate in its processes; and

  (ii)   the extent to which its processes involve consultation with those Aboriginal peoples or Torres Strait Islanders; and

  (iii)   its procedures for making decisions and for reviewing its decisions; and

  (iv)   its rules or requirements relating to the conduct of its executive officers; and

  (v)   the nature of its management structures and management processes; and

  (vi)   its procedures for reporting back to persons who hold or may hold native title in the area, and to the Aboriginal peoples or Torres Strait Islanders living in the area.


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