Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) As soon as practicable after:
(a) a native title decision is made by a prescribed body corporate that:
(i) holds native title rights and interests in trust for the common law holders; or
(ii) is an agent prescribed body corporate that has become a registered native title body corporate; or
(b) a registered native title body corporate decides to make a compensation application;
the body corporate must prepare a certificate in writing.
(2) The certificate must certify that:
(a) for a high level decision other than a standing instructions decision--the body corporate has consulted and obtained consent in relation to the decision in accordance with regulation 8; or
(b) for a high level decision that is a standing instructions decision:
(i) if the decision is covered by an approval under subregulation 8(8)--the decision is of that kind; or
(ii) in any case--the body corporate has consulted and obtained consent in relation to the decision in accordance with regulation 8; or
(c) for a low level decision:
(i) if the decision is covered by an approval under subregulation 8(8)--the decision is of that kind; or
(ii) in any case--the body corporate has consulted and obtained consent in relation to the decision in accordance with regulation 8 or 8A; or
(d) for a decision to make a compensation application--the body corporate has consulted and obtained consent in relation to the making of the compensation application in accordance with regulation 8B.
Note: The Registrar of Aboriginal and Torres Strait Islander Corporations has functions in relation to certificates prepared under this regulation: see section 55A of the Corporations (Aboriginal and Torres Strait Islander) Regulations 2017 .
(3) The certificate must include the following:
(a) the date of the certificate;
(b) details of the process of making the decision;
(c) details (including names) of the persons who participated in the process of making the decision;
(d) if the certificate is of a kind mentioned in subparagraph (2)(b)(i) or (c)(i)--details of the process of approval under subregulation 8(8);
(e) if paragraph (d) does not apply--details of the consultation and consent process.
(4) The certificate must be:
(a) executed by the body corporate in accordance with subsection 99 - 5(1) or (2) of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ; or
(b) signed by the chief executive officer of the body corporate.
(5) The body corporate may collect (within the meaning of the Privacy Act 1988 ) personal information (within the meaning of that Act) about common law holders or persons who claim to be entitled to compensation for the purposes of preparing a certificate.
(6) A certificate prepared in accordance with this regulation in relation to a native title decision is prima facie evidence that the body corporate has consulted and obtained consent in relation to the decision as required by regulation 8.
(7) A certificate prepared in accordance with this regulation in relation to a decision to make a compensation application is prima facie evidence that the body corporate has consulted and obtained consent in relation to the making of the compensation application as required by regulation 8B.