Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 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 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.



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