Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p108
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 108/154)
Character Range: 474888–477510

must be provided to a Registrar in a sealed envelope that is marked 'Confidential'.
 (3) The report must only be provided to the Court if the presiding member of the NNTT or a party to the main application seeks to rely on the report.

34.119  Definition for rules 34.120 to 34.123
  In rules 34.120 to 34.123:
cultural or customary nature means of a nature relating to the culture, genealogy, customs or traditions of Aboriginal peoples or Torres Strait Islanders.

34.120  Evidentiary matters generally
 (1) The rules of evidence apply, subject to this Division, to a proceeding under this Division.
 (2) A party may apply to the Court for an order:
 (a) restricting access to the transcript of a proceeding; or
 (b) restricting access to the content of any pleading or any other document on the Court file; or
 (c) relating to the manner in which evidence may be presented to the Court; or
 (d) relating to the time when and the place where certain evidence is to be taken; or
 (e) relating to the manner of identifying and referring to evidence about specified subject matters; or
 (f) relating to the presentation of evidence about a cultural or customary subject.

34.121  Orders to take account of cultural or customary concerns
  A party may apply to the Court for an order to take account of the cultural or customary nature of a party or of another person by filing an interlocutory application, in accordance with Form 111.
Example: The Court may make a ruling on the naming of recently deceased people.
Note 1: In considering whether to make an order, the Court may seek any information it considers appropriate from a party to the proceeding.
Note 2: A Registrar will, fix a return date and place for hearing and endorse those details on the application.
Note 3: Certain applications given to the Native Title Registrar are taken to have been made to the Federal Court as a consequence of the commencement of the Native Title Amendment Act 1998. For this and other consequences, see Part 3 of Schedule 5 to the Native Title Amendment Act 1998.

34.122  Disclosure of evidence or information of cultural or customary nature, contrary to court order
 (1) If the adducing of evidence or inspection of a document in a proceeding might disclose information or evidence of a cultural or customary nature, the disclosure of which would be contrary to a direction or order of a court or tribunal, the party who wants to adduce the evidence or inspect the document must give reasonable notice to:
 (a) the court or tribunal that gave the direction or made the order; and
 (b) each person, or the representative of each