Tax considerations for a PBC

If a native title claim is successful, the native title holders must nominate an Aboriginal corporation to hold their native title. This is formally called a Registered Native Title Body Corporate (or ‘RNTBC’). It more commonly referred to as a Prescribed Body Corporate, or a PBC.

A PBC is likely to encounter tax issues in a range of matters. This factsheet identifies some possible tax issues in four commonly experienced scenarios.

Our factsheet is available here.

Template PBC Rulebook

If a native title claim is successful, the native title holders must nominate an Aboriginal corporation to hold their native title. This is formally called a Registered Native Title Body Corporate (or ‘RNTBC’). It more commonly referred to as a Prescribed Body Corporate, or a PBC. To learn more about the steps for PBC incorporation, view our video and factsheet here.

In making a PBC, native title holders can design their own Rule Book. The Rule Book sets out how the PBC will work. Some rules are set and cannot be changed. Other rules can be changed.

We have developed a Template Rule Book and Schedule Index to help native title holders understand which rules are set and which rules can be changed. The Template Rule book has a light bulb symbol for each rule that native title holders should discuss further. The Schedule Index then provides brief commentary and key questions for that rule.

Our Template Rule Book is available here and the Schedule Index is available here.  

Five tips for chairing tricky meetings

This factsheet provides five tips for chairing tricky meetings.

The Chairperson is responsible for allowing a reasonable opportunity for the members at an AGM to ask questions or make comments about the management of the corporation. It is an offence not to do so. The Chairperson also is the public face of the corporation, so assists with maintaining the corporation’s values and upholding its reputation.

In a meeting, the Chairperson needs to keep the meeting on track so that decisions are made properly and fairly. Where lots of people want to have a say and topics can be emotive, this can be very difficult.

We have facilitated several tricky meetings in our collective experience, so we’ve summarised our five best tips.

The factsheet is available here.

What is a native title ‘Future Act’?

This factsheet explains future acts.

A future act is a proposal to do something on land or waters that affects native title rights and interests. Examples of future acts include mining tenements, public infrastructure, water licences, and the compulsory acquisition of land.

The Native Title Act sets out the rights that a native title party has when a future act is proposed. These are called “procedural rights” and depending on the type of future act being proposed, can include:

  • The right to be notified
  • The right to comment
  • The right to be consulted
  • The right to object, or
  • The right to negotiate.

Under the Native Title Act, a native title party does not have the right to veto a future act from being done. The highest procedural right is the right to negotiate an agreement about the future act.

 

The factsheet is available here.