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NATIVE TITLE ACT 1993 - SECT 203FEA Application of this Act to persons and bodies funded under subsection 203FE(1)

NATIVE TITLE ACT 1993 - SECT 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).