Registrar
(1) There is to be a Native Title Registrar.
Appointment by Governor‑General
(2) The Registrar is to be appointed by the
Governor‑General.
Qualifications
(3) A person is not to be appointed as
Registrar unless:
(a) the person is enrolled as a legal
practitioner of the High Court, of another federal court or of the Supreme
Court of a State or Territory; and
(b) the person has substantial
experience in relation to:
(i) Aboriginal or Torres
Strait Islander societies; or
(ii) the law; or
(iii) administration; or
(iv) any other activities
relevant to the duties of the Registrar.
Powers, when assisting President
(1) The Registrar may do all things necessary
or convenient to be done for the purpose of assisting the President under
section 129.
Acting for President—administrative affairs
(2) In particular, the Registrar may act for
the President in relation to the administrative affairs of the Tribunal.
President may give directions
(3) The President may give the Registrar
directions regarding the exercise of the Registrar’s powers under this Part.
The Registrar has the powers set out in
Part 2.
The Registrar has the powers set out in
Part 3 in relation to applications.
The Registrar has the power to conduct,
or arrange for the conducting of, searches:
(a) as requested by the Federal Court
under section 83A; or
(b) for the purposes of section 190A
or any other provision of this Act.
The Registrar has the powers set out in
Parts 7, 8 and 8A in relation to the Register of Native Title Claims, the
National Native Title Register and the Register of Indigenous Land Use
Agreements.
Registrar may keep other records and information
(1) The Registrar has the power to keep such
other records and information as he or she considers appropriate and to make
those records or that information available to the public.
Certain information to be confidential
(2) The Registrar must not make particular
information available to the public if the Registrar considers that it would
not be in the public interest for the information to be available to the
public.
Concerns of Aboriginal peoples and Torres Strait
Islanders
(3) In determining whether it would or would
not be in the public interest for information to be available to the public,
the Registrar must have due regard to the cultural and customary concerns of
Aboriginal peoples and Torres Strait Islanders.
The Registrar may by signed instrument
delegate to one or more of the Deputy Registrars or of the members of the staff
of the Tribunal all or any of the Registrar’s powers under this Act.
Determination by Remuneration Tribunal
(1) The Registrar is to be paid the
remuneration and allowances determined by the Remuneration Tribunal. If there
is no determination in force, the Registrar is to be paid such remuneration as
is prescribed.
Prescribed allowances
(2) The Registrar is to be paid such other
allowances as are prescribed.
Appropriation
(3) Remuneration and allowances payable to
the Registrar under this section are to be paid out of money appropriated by
the Parliament for the purposes of the Tribunal.
Subject to Remuneration Tribunal Act 1973
(4) Subsections (1) and (2) have effect
subject to the Remuneration Tribunal Act 1973.
Period for which office held
(1) The Registrar holds office for the period
(not longer than 5 years) specified in the instrument of appointment, but is
eligible for re‑appointment.
Terms and conditions
(3) The Registrar holds office on such terms
and conditions (if any) in relation to matters not provided for by this Act as
are determined by the President.
Recreation leave
(1) The Registrar has the recreation leave
entitlements determined by the Remuneration Tribunal.
Other leave
(2) The President may grant the Registrar
leave of absence, other than recreation leave, on such terms and conditions as
to remuneration or otherwise as are determined by the President with the
approval of the Commonwealth Minister.
The Registrar may resign by giving a
signed notice of resignation to the Governor‑General.
Misbehaviour or incapacity
(1) The Governor‑General may terminate the
appointment of the Registrar for misbehaviour or physical or mental incapacity.
Termination for other reasons
(2) The Governor‑General must terminate the
appointment of the Registrar if:
(a) the Registrar:
(i) becomes bankrupt; or
(ii) applies to take the
benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or
her creditors; or
(iv) makes an assignment of
his or her remuneration for the benefit of his or her creditors; or
(b) the Registrar is absent from duty,
except on leave of absence granted by the President, for 14 consecutive days or
for 28 days in any 12 months; or
(c) the Registrar engages in paid
employment contrary to section 105; or
(d) the Registrar fails, without
reasonable excuse, to comply with section 106.
Retirement—incapacity
(3) If the Registrar is:
(a) an eligible employee for the
purposes of the Superannuation Act 1976; or
(b) a
member of the superannuation scheme established by deed under the Superannuation
Act 1990; or
(c) an ordinary employer‑sponsored
member of PSSAP, within the meaning of the Superannuation Act 2005;
the Governor‑General may, with the Registrar’s consent,
retire the Registrar from office on the ground of incapacity.
Retirement—invalidity—Superannuation Act 1976
(4) In spite of anything contained in this
Act, a Registrar who:
(a) is an eligible employee for the
purposes of the Superannuation Act 1976; and
(b) has not reached his or her
retiring age (within the meaning of that Act);
is not capable of being retired from office on the ground
of invalidity (within the meaning of Part IVA of that Act) unless CSC has
given a certificate under section 54C of that Act.
Retirement—invalidity—Superannuation Act 1990
(5) In spite of anything contained in this
Act, a Registrar who:
(a) is a member of the superannuation
scheme established by deed under the Superannuation Act 1990; and
(b) is
under 60 years of age;
is not capable of being retired from office on the ground
of invalidity (within the meaning of that Act) unless CSC has given a
certificate under section 13 of that Act.
Retirement—invalidity—Superannuation Act 2005
(6) In spite of anything contained in this
Act, a Registrar who:
(a) is an ordinary employer‑sponsored
member of PSSAP, within the meaning of the Superannuation Act 2005; and
(b) is under 60 years of age;
is not capable of being retired from office on the ground
of invalidity (within the meaning of that Act) unless CSC has given an approval
and certificate under section 43 of that Act.
Consent of President required
(1) Except with the consent of the President,
the Registrar must not engage in paid employment outside the duties of his or
her office.
Service in Defence Force
(2) The reference in subsection (1) to
paid employment does not include service in the Defence Force.
The Registrar must give written notice
to the President of all direct or indirect pecuniary interests that the
Registrar has or acquires in any business or in any body corporate carrying on
a business.
President may appoint acting Registrar
(1) The President may appoint a person to act
as the Registrar:
(a) if there is a vacancy in the
office of Registrar; or
(b) during any period, or
during all
periods, when the Registrar is absent from duty or absent from Australia
or is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments,
see section 33A of the Acts Interpretation Act 1901.
Qualifications
(2) A person is not to be appointed to act as
Registrar unless:
(a) the person is enrolled as a legal
practitioner of the High Court, of another federal court or of the Supreme
Court of a State or Territory; and
(b) the person has substantial
experience in relation to:
(i) Aboriginal or Torres
Strait Islander societies; or
(ii) the law; or
(iii) administration; or
(iv) any other activities
relevant to the duties of the Registrar.
http://www.comlaw.gov.au/Details/C2012C00780
http://www.comlaw.gov.au/Details/C2012C00780
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