Sentences with phrase «registration test»

These performance measures for «registration» do not refer to whether native title was recognized or protected through the application of the statutory registration test.

Consequently, the broad nature of the review of registration test decisions under the NTA may in some cases enable the registration of claims that would not have been registrable by the primary decision - maker.

a claimant application is lodged in response to a notice under s29 of the NTA and is registration tested within four months of the notification day (see s30 (1)(a) and s190A (2)-RRB-; and

ADELMAN, Bob Woman awaits voter registration test during voter registration drive in rural LA near Plaquemine, LA, 1963 8 X 12 inches Gelatin silver print; printed c. 1963

If this were to occur, then the end result would be that the current problem is simply shifted to an earlier stage which would additionally jeopardise important procedural rights that are gained through registration testing and place the assessment of evidence outside the Court system.

and Maryland have alternate registration tests, and Wyoming permits the vote test to be satisfied by any of three different statewide offices.

These amendments included giving stronger powers to the National Native Title Tribunal, as well as changes to the native title registration test, the respondent funding scheme and the way in which Native Title Representative Bodies and Prescribed Bodies Corporate function.

The other option for parties to remain in existence is to meet a voter registration test, equal to one percent of the number of people who voted for governor in the last general election.

As Ben Graham said, «In the short - run, the market is a voting machine — reflecting a voter - registration test that requires only money, not intelligence or emotional stability — but in the long - run, the market is a weighing machine.»

The court may now dismiss claims that fail the registration test, and in certain circumstances, it must dismiss claims lodged in response to a future act notice.

The increased requirements of the registration test have proven a significant restriction on access to the procedural rights.

The registration test, especially in its new more demanding form, proves the existence of a connection to the land which should be sufficient to give rise to a right to participate in decisions regarding that land, regardless of whether the claim has been finally determined or not.

This process is referred to as the «registration test».

The Parliamentary Joint Committee commented upon the resource requirements of the registration test as follows:

This chapter examines the impact of the amendments to the registration test to be applied to most native title claims lodged since the inception of the NTA in 1994.

The amendments established a higher threshold for the registration test and required that the Registrar be satisfied that certain procedures had been undertaken by the claimants, and that they had fulfilled certain merits.

Where a claimant application is amended to replace a deceased person as applicant, the amended application is not to be subject to the registration test if the Native Title Registrar is satisfied that:

One year after the proposed amendments to the NTA commence to operate, the Native Title Registrar must apply the registration test to:

An amended application should not be subject to the registration test, unless the court orders otherwise, where a claimant application is amended to:

The registration test should be re-applied (or applied as the case may be) to determine whether each application would satisfy all of the conditions of the relevant part of the registration test in s190B of the NTA (conditions about the merits of the claim).

In addition, the amendments to the NTA mean native title applicants will not be entitled to the procedural rights of the future act provisions unless they satisfy the registration test established in the NTA.

Where a new claimant application does not satisfy all of the conditions of the relevant part of the registration test in s190B of the NTA (conditions about the merits of the claim), the Federal Court must order that the claim be dismissed unless the court is satisfied that:

Where an amendment is made which is not to be subject of the registration test, the Native Title Registrar must amend the Register to reflect that amendment as soon as possible.

Dismissal of claimant applications: failure to meet the merit test part of the registration test

That amendments be made to avoid the requirement for all amended applications to undergo the registration test again if the application has already passed the registration test.

-- the application will be amended, or additional information will be provided to satisfy the conditions of the registration test within a specified period;

Item 73, which would insert new sub - ss.190 D (6) and (7), empowering the Court to dismiss an application that has failed the merits aspect of the registration test applied by the Native Title Registrar.

The Commission recommends that the Native Title Act should specify that, where a claimant meets the registration test, continuity in the acknowledgement and observance of traditional law and custom shall be presumed, subject to any evidence of substantial interruption.

I understand that the other exemptions from the application of the registration test are intended to be the subject of further «technical amendments» to the Act which have not yet been drafted.

Generally the amendments to registration testing have been seen as quite positive.

If the burden of proof were shifted to the respondents after an applicant had satisfied the registration test, in most cases the government party would presumably take on the role of adducing evidence to rebut the relevant presumptions.

I note that the Review recommended that a broader range of amended applications be exempted from the application of the registration test (see recommendation 12).