Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 138B

  (1)   The Federal Court may:

  (a)   on its own motion; or

  (b)   at the request of a party to a proceeding; or

  (c)   at the request of the person conducting the mediation;

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 Court may only direct that such an inquiry be held if:

  (a)   the Court 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 for mediation.