Document ID: chunk:federal_register_of_legislation:C2009A00083:clause:1_40
Version: federal_register_of_legislation:C2009A00083
Segment Type: clause
Provision Reference: sch 1 cl 40
Character Range: 27835–29083

40  Subsections 136GC(1), (2) and (3)
Repeal the subsections, substitute:

Referral by the Federal Court on its own motion
 (1) The Federal Court may, on its own motion, refer for review by the Tribunal the issue of whether a native title claim group who is a party in a proceeding holds native title rights and interests, as defined in subsection 223(1), in relation to land or waters within the area that is the subject of the proceeding.

Referral by the Federal Court on request
 (2) The Federal Court may refer for review by the Tribunal the issue of whether a native title claim group who is a party in a proceeding holds native title rights and interests, as defined in subsection 223(1), in relation to land or waters within the area that is the subject of the proceeding if:
 (a) the issue arises in the course of mediation in relation to the proceeding; and
 (b) the person conducting the mediation requests the Court to refer the issue for review by the Tribunal.
 (3) The person conducting the mediation may only make the request if the person considers, after consultation with the parties to the proceeding, that a review of the issue would assist the parties to reach agreement on any of the matters mentioned in subsection 86A(1).