Document ID: chunk:federal_register_of_legislation:C2007C00532:clause:2_154a
Version: federal_register_of_legislation:C2007C00532
Segment Type: clause
Provision Reference: sch 2 cl 154A
Character Range: 75943–77179

154A  Exception—hearings to be held in private if held during course of a native title application inquiry

Private hearings

 (1) Subject to subsection (3), if a hearing is held in the course of a native title application inquiry, the hearing must be held in private.

 (2) The Tribunal may, on its own initiative or on the application of a party, if it is satisfied that it is appropriate to do so, give directions as to the persons who may be present at the hearing.

Public hearings

 (3) The Tribunal may, on its own initiative or on the application of a party, if it is satisfied that it is appropriate to do so and the consent of the parties has been obtained, direct that a hearing, or part of a hearing, be held in public.

Participation by telephone etc.

 (4) If a direction is made under subsection (3) and a person participates by a means allowed under section 153, the Tribunal must take such steps as are reasonably necessary to ensure the public nature of the hearing is preserved.

Concerns of Aboriginal peoples or Torres Strait Islanders

 (5) In making a direction under subsection (3), the Tribunal must have due regard to the cultural and customary concerns of Aboriginal peoples and Torres Strait Islanders.