NATIVE TITLE ACT 1993 - SECT 66B Replacing the applicant

NATIVE TITLE ACT 1993 - SECT 66B

Replacement in case of consent or absence of authority

  (1)   One or more members of the native title claim group (the claim group ) in relation to a claimant application, or of the compensation claim group (also the claim group ) in relation to a compensation application, may apply to the Federal Court for an order that the member, or the members jointly, replace the current applicant for the application on the grounds that:

  (a)   one or more of the following applies to a person who is, either alone or jointly with one or more other persons, the current applicant:

  (i)   the person consents to his or her replacement or removal;

  (iii)   the person is no longer authorised by the claim group to make the application and to deal with matters arising in relation to it;

  (iv)   the person has exceeded the authority given to him or her by the claim group to make the application and to deal with matters arising in relation to it; and

  (b)   the member or members are authorised by the claim group to make the application and to deal with matters arising in relation to it.

Note:   Section   251B states what it means for a person or persons to be authorised by all the persons in the claim group to deal with matters in relation to a claimant application or a compensation application.

  (2)   The Court may make the order if it is satisfied that the grounds are established.

Replacement in case of death or incapacity

  (2A)   One or more members (the applying members ) of the native title claim group in relation to a claimant application, or of the compensation claim group in relation to a compensation application, may apply to the Federal Court for an order under subsection   (2B) if a person (the ceasing member ) who is, either alone or jointly with one or more other persons (the continuing members ), the current applicant for the claimant application or compensation application:

  (a)   dies; or

  (b)   is unable to act as an applicant because of physical or mental incapacity.

  (2B)   The Court may order that the following persons replace the current applicant for the application:

  (a)   if:

  (i)   a member of the claim group is authorised by the claim group to make the application and to deal with matters arising in relation to it because of the death or incapacity of the ceasing member; and

  (ii)   the authority of any continuing members continues despite the death or incapacity of the ceasing member;

    that member and any continuing members;

  (b)   unless the authority of any continuing members ceases on the death or incapacity of the ceasing member--the continuing members;

  (c)   if the applying members are authorised by the claim group to make the application and to deal with matters arising in relation to it--the applying members.

Note:   Section   251B states what it means for a person or persons to be authorised by all the persons in the claim group to deal with matters in relation to a claimant application or a compensation application.

Replacement by more than one person

  (2C)   If the Court orders under this section that the current applicant is replaced by more than one person, the persons are jointly the applicant .

Federal Court Chief Executive Officer to notify Native Title Registrar

  (3)   If the Court makes an order under this section, the Federal Court Chief Executive Officer must, as soon as practicable, notify the Native Title Registrar of the name and address for service of the person who is, or persons who are, the new applicant.

Register to be updated

  (4)   If the claim contained in the application is on the Register of Native Title Claims, the Registrar must amend the Register to reflect the order.