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Registered Native Title Body Corporate
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Registered Native Title Body Corporate
A Registered Native Title Body Corporate (RNTBC) is a corporation nominated by a group of Aboriginal or Torres Strait Islander people for the purposes of native title in Australia, to represent their native title rights and interests, once that group's native title application has been recognised in a Federal Court of Australia determination, and the corporate body registered. The corporation nominated hold and manage (as trustee) 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 (ORIC). PBCs are required to register with ORIC, under the provisions of the Native Title Act 1993. They must have the words "registered native title body corporate" or "RNTBC" in their name, while other Aboriginal and Torres Strait Islander corporations can choose to register under other state or territory associations law, or under the Corporations Act 2001 (Cth).
A Registered Native Title Body Corporate represents an Indigenous Australian 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.
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 (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 Native Title Act 1993 (NTA), including that they are incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ("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 Aboriginal and Torres Strait Islander 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 Corporations Act 2001, which applies to the broader Australian community.[citation needed]
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.
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Registered Native Title Body Corporate
A Registered Native Title Body Corporate (RNTBC) is a corporation nominated by a group of Aboriginal or Torres Strait Islander people for the purposes of native title in Australia, to represent their native title rights and interests, once that group's native title application has been recognised in a Federal Court of Australia determination, and the corporate body registered. The corporation nominated hold and manage (as trustee) 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 (ORIC). PBCs are required to register with ORIC, under the provisions of the Native Title Act 1993. They must have the words "registered native title body corporate" or "RNTBC" in their name, while other Aboriginal and Torres Strait Islander corporations can choose to register under other state or territory associations law, or under the Corporations Act 2001 (Cth).
A Registered Native Title Body Corporate represents an Indigenous Australian 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.
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 (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 Native Title Act 1993 (NTA), including that they are incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ("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 Aboriginal and Torres Strait Islander 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 Corporations Act 2001, which applies to the broader Australian community.[citation needed]
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.