Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 213A

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.

  (3)   A person who is, or intends to become, a grantee party in relation to a future act to which Subdivision P of Division   3 of Part   2 applies may apply to the Attorney - General for the provision of assistance under this section in relation to:

  (a)   the development of a standard form of agreement to facilitate negotiation in good faith as mentioned in paragraph   31(1)(b); or

  (b)   the development of a standard form of agreement which, if agreed by a grantee party in relation to a future act to which the Subdivision applies, would make it more likely that the Government party doing the act would consider it an act attracting the expedited procedure; or

  (c)   a review of an existing standard form of agreement mentioned in paragraph   (a) or (b), with a view to improving the standard form.

Note:   Subdivision P of Division   3 of Part   2 deals with the right to negotiate.

Attorney - General may grant assistance

  (4)   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) made under subsection   (5); 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 make guidelines

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

Assistance not to be provided to Ministers

  (6)   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.

  (7)   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

  (8)   The Attorney - General may, in writing, delegate any or all of his or her powers under subsection   (4) to:

  (a)   the Secretary of the Department; or

  (b)   a person engaged under the Public Service Act 1999 who occupies a specified position in the Department.