Determinations of the Federal Court Part 4 Mediation Division 4 Section 94M Offence (4) A person commits an offence if: (a) the person discloses any material in contravention of a direction made under subsection (1); and (b) the disclosure is not permitted by subsection (3). Penalty: 40 penalty units. (5) Subsection (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 94M Person conducting the mediation etc. must not be required to give evidence or produce documents to a court (1) The person conducting the mediation, or another person who assists that person, is not competent, and must not be required, to give evidence to a court relating to a matter if: (a) the giving of the evidence would be contrary to a direction under subsection 94L(1); or (b) an application has been made for a direction under that subsection concerning the matter to which the evidence would relate and the person conducting the mediation has not determined that application. (2) The person conducting the mediation, or another person who assists that person, must not be required to produce in a court a document given in connection with a mediation if: (a) the production of the document would be contrary to a direction under subsection 94L(1); or (b) an application has been made for a direction under that subsection in relation to the document and the person conducting the mediation has not determined that application. (3) In this section: court includes any tribunal, authority or person having power to require the production of documents or the answering of questions. Compilation No. 47 Native Title Act 1993 287 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021