Arbitral body determination to be made as soon as practicable
36 Arbitral body determination to be made as soon as practicable
Subject to section 37, the arbitral body must take all reasonable steps to make a determination in relation to the act as soon as practicable.
Determination not to be made where failure to negotiate in good faith
If any negotiation party satisfies the arbitral body that any other negotiation party (other than a native title party) did not negotiate in good faith as mentioned in paragraph 31(1)(b) (other than as provided by subsections 31(1A) and (2)), the arbitral body must not make the determination on the application.
It would be possible for a further application to be made under section 35.
Report to Commonwealth Minister
If the arbitral body is the NNTT and it does not make the determination within the period of 6 months starting when the application is made, it must, as soon as is reasonably practicable after the end of the period, advise the Commonwealth Minister in writing of the reason for it not doing so and include in that advice an estimate of when a determination is likely to be made.
Relevant Minister may give arbitral body notice as to urgency
At any time later than 4 months after a negotiation party has made an application under section 35 that has not been withdrawn, and before either:
the negotiation parties have made an agreement of the kind mentioned in paragraph 31(1)(b); or
the arbitral body has made a determination under section 38;
the relevant Minister may give a written notice to the arbitral body requesting the arbitral body to make such a determination within the period specified in the notice. The period must end at a time later than 6 months after the application under section 35 was made.
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