National Native Title Tribunal Part 6 Review on whether there are native title rights and interests Division 4AA Section 136GC Division 4AA—Review on whether there are native title rights and interests 136GC Review on whether there are native title rights and interests 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). Member must conduct review (4) A review must be conducted by a member of the Tribunal. Compilation No. 47 Native Title Act 1993 323 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021