Checklist · Native Title & First Nations Legal Work
Registration test conditions table for a claimant application (Native Title Act ss 190B and 190C)
Working table of the merits and procedural conditions in Native Title Act 1993 (Cth) ss 190B and 190C. The lawyer decides whether the application meets each condition. The Registrar decides registration.
- Kind
- Checklist. Steps or checks to work through and tick off.
- Where it applies
- Australia, Commonwealth
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the 2 authorities it cites, for Australia and Commonwealth.
- Version
- 1
- Source
- Written for this library
When to use it
Use when a claimant application is being prepared for the registration test, or when a filed application is being checked against ss 190B and 190C. It does not replace Form 1 and it is not the Registrar's decision.
Used for these tasks
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may place passages from the draft application against the condition they seem to address. The lawyer decides whether each condition is met.
AI may
- List each s 190B and s 190C condition as a row and note the paragraph of the draft that the lawyer has identified
- Flag a row that has no document against it
- Copy the names of overlapping applications from a register extract the lawyer supplies
AI must not
- Must not state that the registration test is met or failed
- Must not describe sections 61, 62, 61A, 251B or 251BA beyond the cross-references in ss 190B and 190C
- Must not draft the affidavit or the certification
The lawyer checks
- Each merits condition in s 190B(2) to (9) has a document or a recorded gap
- Certification under s 190C(4)(a), or the authorisation statements in s 190C(4AA) and (5), is identified. Both are not assumed
- The overlap check in s 190C(3) uses the Register of Native Title Claims as at the date the application was made
- Sections 61, 62 and 61A are read before the table is relied on. They were not opened for this checklist
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
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