Document ID: chunk:federal_register_of_legislation:C2007C00532:clause:2_138b
Version: federal_register_of_legislation:C2007C00532
Segment Type: clause
Provision Reference: sch 2 cl 138B
Character Range: 70896–71948

138B  Native title application inquiries

 (1) The President may:
 (a) on his or her own initiative; or
 (b) at the request of a party to a proceeding; or
 (c) at the request of the Chief Justice of the Federal Court;
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 President may only direct that such an inquiry be held if:
 (a) he or she 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 to the Tribunal for mediation.