Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 145

Referral to Federal Court

  (1)   The Tribunal may, on its own initiative or at the request of a party, refer a question of law arising in an inquiry to the Federal Court for a decision.

Presiding member must agree

  (2)   A question of law must not be referred to the Court unless the member presiding over the inquiry agrees.

Jurisdiction of Federal Court

  (3)   The Court has jurisdiction to hear and determine a question of law referred to it under this section.

Tribunal to suspend inquiry

  (4)   If a question of law arising in an inquiry has been referred to the Court under this section, the Tribunal must not, in that inquiry:

  (a)   give a determination to which the question is relevant while the reference is pending; or

  (b)   proceed in a manner, or make a determination, that is inconsistent with the opinion of the Court on the question.