---
title: "Registration test conditions table for a claimant application (Native Title Act ss 190B and 190C)"
url: "https://ailawframework.com/precedents/native-title-and-first-nations-legal-work/registration-test-conditions-table"
type: "precedent"
site: "AI Law Framework"
id: "a36-registration-test-conditions-table"
area_id: "A36"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A36-T1-R12"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/native-title-and-first-nations-legal-work/registration-test-conditions-table  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Native Title & First Nations Legal Work](https://ailawframework.com/precedents/native-title-and-first-nations-legal-work.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 2 authorities it cites, for Australia and Commonwealth.

## 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

- [Build a registration-test compliance table for a claim](https://ailawframework.com/practice/native-title-and-first-nations-legal-work/build-a-registration-test-compliance-table-for-a-claim.md)

## 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

## Authorities

- [Native Title Act 1993 (Cth) s 190B (registration: merits conditions, including area, claim group, rights, factual basis, prima facie case, physical connection, s 61A and disclosed extinguishment)](https://www5.austlii.edu.au/au/legis/cth/consol_act/nta1993147/s190b.html)
- [Native Title Act 1993 (Cth) s 190C (registration: procedural conditions, including ss 61 and 62, overlapping claim groups, and certification or authorisation)](https://www5.austlii.edu.au/au/legis/cth/consol_act/nta1993147/s190c.html)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/native-title-and-first-nations-legal-work/registration-test-conditions-table and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*