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
(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
(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.