A Registered Native Title Body Corporate (RNTBC) is a corporation nominated by a group of Aboriginal or

Torres Strait Islander Torres Strait Islanders () are the Indigenous Melanesian people of the Torres Strait Islands, which are part of the state of Queensland, Australia. Ethnically distinct from the Aboriginal people of the rest of Australia, they are often grouped ...

people for the purposes of

native title in Australia Native title is the designation given to the common law doctrine of Aboriginal title in Australia, which is the recognition by Australian law that Indigenous Australians (both Aboriginal Australian and Torres Strait Islander people) have rights ...

, to represent their

native title Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism. The requirements of proof for the recognition of aboriginal title, ...

rights and interests, once that group's native title application has been recognised in a

Federal Court of Australia The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indic ...

determination, and the corporate body registered. The corporation nominated hold and manage (as

trustee Trustee (or the holding of a trusteeship) is a legal term which, in its broadest sense, is a synonym for anyone in a position of trust and so can refer to any individual who holds property, authority, or a position of trust or responsibility to t ...

) or manage (as agent) before native title determination and registration, is called a Prescribed Body Corporate (PBC). In 2015, there were 144 RNTBCs registered with the

Office of the Registrar of Indigenous Corporations The Office of the Registrar of Indigenous Corporations (ORIC) assists the Registrar of Indigenous Corporations in administering the ''Corporations (Aboriginal and Torres Strait Islander) Act 2006'' ("CATSI Act") and in supporting and regulating ...

(ORIC). PBCs are required to register with ORIC, under the provisions of the ''

Native Title Act 1993 The ''Native Title Act 1993'' (Cth) is a law passed by the Australian Parliament, the purpose of which is "to provide a national system for the recognition and protection of native title and for its co-existence with the national land managemen ...

''. They must have the words "registered native title body corporate" or "RNTBC" in their name, while other

Aboriginal and Torres Strait Islander Indigenous Australians or Australian First Nations are people with familial heritage from, and membership in, the ethnic groups that lived in Australia before British colonisation. They consist of two distinct groups: the Aboriginal peoples ...

corporations can choose to register under other state or territory associations law, or under the ''

Corporations Act 2001 The ''Corporations Act 2001'' (Cth) is an Act of the Parliament of Australia, which sets out the laws dealing with business entities in the Commonwealth of Australia. The company is the Act's primary focus, but other entities, such as partner ...

'' (Cth).

Description

A Registered Native Title Body Corporate represents an

Indigenous Australian Indigenous Australians or Australian First Nations are people with familial heritage from, and membership in, the ethnic groups that lived in Australia before British colonisation. They consist of two distinct groups: the Aboriginal peoples ...

group's native title rights and interests, after these have been recognised by the Federal Court and the body is registered. Before the court determination and registration of the body, it is known as a Prescribed Body Corporate. CC-BY icon

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. Once both the native title determination has been made and the court has determined that the nominated corporation is to be the PBC, it is registered by the

National Native Title Tribunal The National Native Title Tribunal (NNTT) is an independent body established under the '' Native Title Act 1993'' in Australia as a special measure for the advancement and protection of Aboriginal and Torres Strait Islander peoples (Indigenous Au ...

(NNTT) as required by the ''Native Title Act 1993'', and becomes known as a Registered Native Title Body Corporate (RNTBC) (ss 193(2)(e) and 253 ''NTA''). It is at this point that their statutory obligations under the ''NTA'' and the ''Native Title (Prescribed Bodies Corporate) Regulations 1999'' are triggered. PBCs have prescribed characteristics under the ''

'' (''NTA''), including that they are incorporated under the ''

Corporations (Aboriginal and Torres Strait Islander) Act 2006 The Office of the Registrar of Indigenous Corporations (ORIC) assists the Registrar of Indigenous Corporations in administering the ''Corporations (Aboriginal and Torres Strait Islander) Act 2006'' ("CATSI Act") and in supporting and regulating ...

'' ("''CATSI Act''"). In some instances, native title claim groups will create a new organisation whose sole purpose is to act as an RNTBC. Alternatively, they may nominate an existing corporation to become the RNTBC as long as it is already incorporated under the ''CATSI Act'' and complies with the provisions of the NTA. Importantly, it must have, among its purposes, the purpose of becoming an RNTBC. Where native title groups have received financial settlements, RNTBCs may become part of a corporate structure which can include charitable trusts, companies, and other

corporations, each of which may perform different or similar functions to achieve the objectives of the native title group and some of which may be incorporated under the Commonwealth ''

'', which applies to the broader Australian community. The kind of bodies that can be determined as PBCs (and therefore registered as RNTBCs) and their functions are set out in the ''Native Title Act 1993'' and ''Native Title (Prescribed Bodies Corporate) Regulations 1999''. As of 2015, there were 144 RNTBCs registered with ORIC, compared with 9 in 2000. There are many more native title claims than RNTBCs, as the same RNTBC may undertake any number of claims. There directors of the corporations were about 56.1 percent male and 43.9 percent female, and 29 RNTBCs appeared in the top 500 corporations in the 2014–15 financial year.

Other types of Indigenous bodies

Some Aboriginal and Torres Strait Islander corporations are not RNTBCs (often referred to as "native title corporations" or "

traditional owner corporation Native title is the designation given to the common law doctrine of Aboriginal title in Australia, which is the recognition by Australian law that Indigenous Australians (both Aboriginal Australian and Torres Strait Islander people) have rights ...

s"), but may have generated native title outcomes without having a native title determination. This can occur in different ways, including under other legislation, such as the Victorian ''

Traditional Owner Settlement Act 2010 A tradition is a belief or behavior (folk custom) passed down within a group or society with symbolic meaning or special significance with origins in the past. A component of cultural expressions and folklore, common examples include holidays or ...

'', through native title settlements such as the comprehensive

South-West Native Title Settlement The South West Aboriginal Land and Sea Council is the organisation that represents the Noongar people, the Aboriginal Australians of the southwest corner of Western Australia. It was formed in 2001, and is incorporated under the ''Corporations ( ...

for

Noongar The Noongar (, also spelt Noongah, Nyungar , Nyoongar, Nyoongah, Nyungah, Nyugah, and Yunga ) are Aboriginal Australian peoples who live in the south-west corner of Western Australia, from Geraldton on the west coast to Esperance on the so ...

people in

Western Australia Western Australia (commonly abbreviated as WA) is a state of Australia occupying the western percent of the land area of Australia excluding external territories. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to th ...

, and through native title claimant groups entering into

Indigenous land use agreement Native title is the designation given to the common law doctrine of Aboriginal title in Australia, which is the recognition by Australian law that Indigenous Australians (both Aboriginal Australian and Torres Strait Islander people) have rights ...

s (ILUAs). There is a network of native title representative bodies (NTRBs) and native title service providers (NTSPs) to assist native title claimants and holders, of which the

National Indigenous Australians Agency The National Indigenous Australians Agency (NIAA) is an Australian Government agency responsible for whole-of-government coordination of policy development, program design, and service delivery for Aboriginal Australians and Torres Strait Isla ...

(NIAA) funds 14. These include

land council Land councils, also known as Aboriginal land councils, or land and sea councils, are Australian community organisations, generally organised by region, that are commonly formed to represent the Indigenous Australians (both Aboriginal Australians ...

s and RNTBCs. A "representative Aboriginal/Torres Strait Islander body", or RATSIB, is a body recognised by the Commonwealth under s 203AD of the ''Native Title Act'' "to represent native title holders and persons who may hold native title, and to consult with Aboriginal and Torres Strait Islander persons within a specified area". CC-BY icon

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Statutory requirements

Statutory differences between PBCs and other corporations, under the ''Native Title Act'' (NTA): * RNTBCs and PBCs are special types of Aboriginal and Torres Strait Islander corporations because they are created especially for

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

native title holders to hold or manage native title. * PBCs must have the words "registered native title body corporate" or "RNTBC" in their name, and must be registered with the

(ORIC) as required by the ''Native Title Act'' (NTA), while other Aboriginal and Torres Strait Islander corporations can choose to register under other state or territory associations law or under the ''

'' (Cth). * PBCs have obligations under the NTA such as the requirement to consult with and obtain consent from native title holders in relation to any decisions which surrender or affect native title rights and interests. * If an Aboriginal and Torres Strait Islander corporation becomes or ceases to be a PBC (RNTBC), it must notify ORIC within 28 days. * PBC directors and officers are protected from a range of criminal and civil penalties for breach of duties as long as they have acted in good faith in complying with obligations under native title legislation (excluding the duty to not trade while insolvent). * PBCs are not required to value their native title rights and interests as part of their assets, for the purpose of determining their size classification under CATSI. * PBCs must ensure that their constitution is consistent with native title legislation. * ORIC must not change the PBC’s constitution on the basis of an act done in good faith and with the belief that the corporation or its officers are complying with native title legislation. * ORIC is not able to de-register a PBC as long as it remains a PBC and manages or holds native title interests.

References

External links

* {{cite web, url=http://nativetitle.org.au/ , title= Prescribed Bodies Corporate (PBCs) , publisher=AIATSIS
What is a prescribed body corporate?
(National Native Title Tribunal document - archived)
Australian Attorney-General's Department's webpage on Prescribed Bodies Corporate
(archived)

(

Human Rights and Equal Opportunity Commission The Australian Human Rights Commission is the national human rights institution of Australia, established in 1986 as the Human Rights and Equal Opportunity Commission (HREOC) and renamed in 2008. It is a statutory body funded by, but oper ...

web page,
Registered_Native_Title_Bodies_Corporate_(RNTBC)_/_Prescribed_Bodies_Corporate_(PBC)_Summary_[Statistics
_(AIATSIS.html" ;"title="tatistics">Registered Native Title Bodies Corporate (RNTBC) / Prescribed Bodies Corporate (PBC) Summary [Statistics
(AIATSIS">tatistics">Registered Native Title Bodies Corporate (RNTBC) / Prescribed Bodies Corporate (PBC) Summary [Statistics
(AIATSIS, 2017) Native Title Prescribed Bodies Corporate Native title in Australia, * Aboriginal title, *

Description

Other types of Indigenous bodies

Statutory requirements

See also

References

External links