Commonwealth Numbered Regulations - Explanatory Statements

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NATIVE TITLE (TRIBUNAL) AMENDMENT REGULATIONS 1999 (NO. 1) 1999 NO. 309

STATUTORY RULES 1999 No. 309

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

Native Title Act 1993

NATIVE TITLE (TRIBUNAL) AMENDMENT REGULATIONS 1999 (NO. 1)

Section 215 of the Native Title Act 1993 provides for the Governor-General to make regulations prescribing matters, amongst others, necessary or convenient to be prescribed for carrying out or giving effect to the Act, including prescribing certain fees and the waiver or refund of such fees. Pursuant to this power, the Native Title (Tribunal) Regulations 1993 were made, prescribing certain matters concerning the practice and procedure of the National Native Title Tribunal.

Under the Native Title (Tribunal) Regulations 1993, fees are imposed under regulation 7 (for lodging certain applications) and regulation 15 (for inspecting certain registers). These fees can be waived by the Native Title Registrar, on the grounds of financial hardship, under sub-regulations 8(d) and 15(2) respectively.

Similar provisions under the Family Law Regulations 1975 and the Federal Court of Australia Regulations 1978 allow a decision of a Registrar to refuse to waive fees to be reviewed in the Administrative Appeals Tribunal. It was an oversight that a similar provision was not originally included in the Native Title (Tribunal) Regulations 1993.

The Native Title (Tribunal) Amendment Regulations 1999 (No. 1) amend the Native Title (Tribunal) Regulations 1993, to allow for such a review by the Administrative Appeals Tribunal.

The Regulations commenced on gazettal.