Native Title Act 1993

This section applies if the Secretary of the Department appoints a person under paragraph 203FB(2)(b) to conduct the review.

Subject to subsection (4), the person appointed must review the representative body’s decision and report to the Secretary whether:

the decision should be affirmed; or

the Secretary should make funding available under section 203FE to a person or body for the purpose of performing specified facilitation and assistance functions of a representative body in relation to the matter to which the representative body’s decision relates.

In reviewing the representative body’s decision, the person appointed must have regard to:

whether it would be consistent with priorities determined by the representative body under paragraph 203B(4)(a) to provide the assistance sought; and

whether, to provide the assistance sought, the representative body would need to allocate or re‑allocate resources in a way that interferes with the efficient performance of its functions; and

whether the representative body would breach a condition imposed under section 203CA if the representative body were to provide the assistance sought; and

if the assistance sought was in relation to an application under section 61:

whether the provision of that assistance would promote an orderly, efficient and cost‑effective process for making such applications; and

in a case where one or more other applications have been made or are proposed to be made in relation to land or waters covered by the application—whether the provision of the assistance sought would be reasonable given the need to minimise the number of applications covering the land or waters; and

any other matter relevant to the merits of the decision.

The person appointed must refuse to review the representative body’s decision if satisfied that the applicant did not, before applying for the review, make all reasonable efforts to seek a review by the representative body of its decision.

The person appointed must give the report referred to in subsection (2) to the Secretary within 60 days after the day on which he or she was appointed, or within such other period as the Secretary allows (whether or not the 60 days have expired).

Before reviewing the representative body’s decision, the person appointed must invite the representative body to make a submission in relation to the decision. The invitation must specify a period of not less than 14 days within which submissions must be made.

The Secretary must, within one month after the end of the period referred to in subsection (5):

affirm the representative body’s decision; or

make funding available under section 203FE as mentioned in paragraph (2)(b) of this section.

The Secretary must give the applicant and the representative body written notice of the Secretary’s decision under subsection (7). The notice must include the reasons for that decision.