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Native Title Amendment Bill 2009

Schedule 3 Rules of evidence

   

Native Title Act 1993

1  Before section 215

Insert:

214   Application of amended rules of evidence in proceedings before the Federal Court

Scope

             (1)  This section applies to a proceeding before the Federal Court that relates to a matter arising under this Act if:

                     (a)  the hearing of the proceeding began before the commencement of Schedule 1 to the Evidence Amendment Act 2008 ; and

                     (b)  evidence has been adduced or admitted in relation to the proceeding.

Application of amendments

             (2)  Despite item 95 of that Schedule, the amendments of the Evidence Act 1995 made by that Schedule apply in relation to the proceeding if:

                     (a)  the parties to the proceeding consent to the amendments applying in relation to the proceeding; or

                     (b)  the Court orders, after taking into account the views of the parties to the proceedings, that it is in the interests of justice that the amendments apply in relation to the proceedings.