Document ID: chunk:federal_register_of_legislation:C2007C00532:clause:2_80
Version: federal_register_of_legislation:C2007C00532
Segment Type: clause
Provision Reference: sch 2 cl 80
Character Range: 82053–83950

80  Transitional provisions relating to those changes

(1) This item applies to a proceeding in relation to an application under section 61 of the Native Title Act 1993 that is made but not determined before the commencing day.

(2) If the proceeding, or a part of the proceeding, is to be referred for mediation on or after the commencing day, section 86B of the Native Title Act 1993, as amended by items 8 to 17 and 19 of this Schedule, must be complied with.

(3) If:
 (a) before the commencing day, the Federal Court referred the whole or a part of the proceeding to the NNTT for mediation under section 86B of the Native Title Act 1993; and
 (b) the mediation by the NNTT has not ceased before the commencing day; and
 (c) before the commencing day, the Federal Court has also referred the whole or that part of the proceeding for mediation under the Federal Court Act 1976; and
 (d) that mediation has not ceased before the commencing day;
the Federal Court must, within 6 months after the commencing day, either order that:
 (e) the mediation by the NNTT is to cease in relation to the proceeding, or that part of the proceeding; or
 (f) the mediation under the Federal Court Act 1976 is to cease in relation to the proceeding, or that part of the proceeding.

(4) The Federal Court has jurisdiction to make an order under subitem (3).

(5) The amendments made by items 21 to 30 of this Schedule, apply in relation to the proceeding, or a part of the proceeding, if:
 (a) the proceeding, or the part of the proceeding, has been referred for mediation under section 86B of the Native Title Act 1993 (whether before or after the commencing day); and
 (b) no order has been made under section 86C of the Native Title Act 1993 before the commencing day that the mediation is to cease; and
 (c) no order is made under subitem (3) on or after the commencing day that the mediation is to cease.