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 as required by the Native Title Act 1993, and becomes known as a Registered Native Title Body Corporate . It is at this point that their statutory obligations under the NTA and the Native Title Regulations 1999 are triggered. PCBs have prescribed characteristics under the Native Title Act 1993, including that they are incorporated under the Corporations Act 2006. 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. The kind of bodies that can be determined as PBCs and their functions are set out in the Native Title Act 1993 and Native Title Regulations 1999.
Statutory differences between PBCs and other corporations:
RNTBCs and PBCs are special types of Aboriginal and Torres Strait Islander corporations because they are created especially for common law native title holders to hold or manage native title.
PBCs must have the words "registered native title body corporat" or "RNTBC" in their name, and must be registered with the Office of the Registrar of Indigenous Corporations as required by the Native Title Act, 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.
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, 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.
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.
