National Native Title Tribunal Part 6 Inquiries and determinations by the Tribunal Division 5 Section 138B (b) the proceeding, or the part of the proceeding, raises a matter or an issue relevant to the determination of native title under section 225. 138B Native title application inquiries (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. 138C Tribunal to hold inquiry (1) The Tribunal must hold an inquiry into a matter or an issue relevant to the determination of native title under section 225 (a native title application inquiry), if directed by the Federal Court to do so. (2) Unless the parties otherwise agree, a member who conducts, or assists at, an inquiry may not, in any other capacity, take any further part in the proceeding. Compilation No. 47 Native Title Act 1993 329 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021