Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p109
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 109/154)
Character Range: 477280–479870

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 person, who gave the evidence or produced the information; and
 (c) any other person as the Court may order.
 (2) Notice may be given under paragraph (1)(a) by giving notice to the Registrar of the court or tribunal, or a person performing the duties of a Registrar or holding a similar office.
 (3) In this rule:
court or tribunal includes:
 (a) the Aboriginal Land Commissioner; and
 (b) any other body or entity with jurisdiction under a law of the Commonwealth or a State or Territory to hear and determine, or make findings and recommendations, or mediate or otherwise act in relation to indigenous land proceedings.

34.123  Evidence of cultural or customary nature
  If evidence of a cultural or customary nature is to be given by way of singing, dancing, storytelling or in any way other than in the normal course of giving evidence, the party seeking to adduce the evidence must tell the Court, within a reasonable time before the evidence is proposed to be given:
 (a) where, when and in what form it is proposed to give the evidence; and
 (b) of any issues of secrecy or confidentiality relating to the evidence or part of the evidence.

34.124  Documents referring to certain material
 (1) A document used in a proceeding that refers to material of a cultural or customary nature that a party claims is of a confidential or secret nature, must:
 (a) have the claim endorsed on the front page of the document; and
 (b) be accompanied by a document, contained in a sealed envelope, that contains a short description of the material and the reason for its confidential or secret nature.
 (2) The sealed envelope must not be opened except with the leave of the Court.
Note: The Court may grant leave to open the sealed envelope on the condition that the material or part of the material not be disclosed.

34.125  Evidence given in consultation with others
  A party may apply to the Court for an order that the Court receive into evidence statements from a group of witnesses, or a statement from a witness after that witness has consulted with other persons.
Note: If a statement is made by a witness after consultation with other persons, the identity of the persons may, at the order of the Court, be recorded in the transcript.

34.126  Evidence given not in normal course
  A party may apply to the Court for an order that a person's evidence be