Document ID: chunk:federal_register_of_legislation:C2024C00224:section:138b
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 138B
Character Range: 511986–513004

138B  Native title application inquiries
 (1) The Federal Court may:
 (a) on its own motion; or
 (b) at the request of a party to a proceeding; or
 (c) at the request of the person conducting the mediation;
direct the Tribunal to hold an inquiry in relation to a matter or an issue relevant to the determination of native title under section 225.
 (2) The Court may only direct that such an inquiry be held if:
 (a) the Court is satisfied that resolution of the matter or issue concerned would be likely to:
 (i) lead to agreement on findings of fact; or
 (ii) lead to action that would resolve or amend the application to which the proceeding relates; or
 (iii) lead to something being done in relation to the application to which the proceeding relates; and
 (b) the applicant in relation to any application that is affected by the proposed inquiry agrees to participate in the inquiry.
 (3) A request that an inquiry be held may be made before the Court refers the whole or a part of the proceeding for mediation.