Acting where persons are jointly the applicant etc
62C Acting where persons are jointly the applicant etc
This section applies if:
an applicant makes a native title determination application or a compensation application; and
2 or more persons (the authorised persons) are jointly the applicant; and
the applicant is required or permitted to do something under this Act, or for the purposes of this Act under another law of the Commonwealth; and
apart from this section, for the applicant to do the thing, all of the authorised persons would need to do the thing.
Default rule—applicant may act by majority
The requirement mentioned in paragraph (1)(d) is satisfied if the thing is done by a majority of the authorised persons unless subsection (4) applies.
The authorised persons who do the thing must, within a reasonable period, notify the other authorised persons that the thing has been done. A failure to comply with this subsection does not invalidate the thing done.
Default rule may be displaced
If conditions under section 251BA on the authority of the authorised persons provide for the applicant to do the thing in a particular way, the requirement mentioned in paragraph (1)(d) is satisfied if the thing is done in that way.
A condition may provide that all the authorised persons need to do something required by a provision of this Act.
Rule covers applicant acting in any capacity
This section applies whether the provision imposing the requirement or giving the permission refers to the applicant as an applicant, a registered native title claimant, a native title party, a negotiation party, a party or otherwise.
Deceased authorised persons
For the purposes of this section, the authorised persons include any who have died. However, subsection (3) does not require notice to be given to a person who has died.
The applicant may be replaced where an authorised person has died: see section 66B.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.