Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 86

  (1)   Subject to subsection   82(1), the Federal Court may:

  (a)   receive into evidence the transcript of evidence in any other proceedings before:

  (i)   the Court; or

  (ii)   another court; or

  (iii)   the NNTT; or

  (iv)   a recognised State/Territory body; or

  (v)   any other person or body;

    and draw any conclusions of fact from that transcript that it thinks proper; and

  (b)   receive into evidence the transcript of evidence in any proceedings before the assessor and draw any conclusions of fact from that transcript that it thinks proper; and

  (c)   adopt any recommendation, finding, decision or judgment of any court, person or body of a kind mentioned in any of subparagraphs   (a)(i) to (v).

  (2)   Subject to subsection   82(1), the Federal Court:

  (a)   must consider whether to receive into evidence the transcript of evidence from a native title application inquiry; and

  (b)   may draw any conclusions of fact from that transcript that it thinks proper; and

  (c)   may adopt any recommendation, finding, decision or determination of the NNTT in relation to the inquiry.