Native Title Act 1993

A party to an inquiry relating to a right to negotiate application before the Tribunal may appeal to the Federal Court, on a question of law, from any decision or determination of the Tribunal in that proceeding.

A party to an inquiry in relation to a subsection 24DJ(1) objection application before the Tribunal may appeal to the Federal Court, on a question of law, from any decision of the Tribunal in that proceeding.

An appeal is to be instituted:

within the period of 28 days starting on the day on which the decision or determination of the Tribunal is given to the person or within such further time as the Court (whether before or after the end of that period) allows; and

in such manner as is prescribed by rules of court made under the Federal Court of Australia Act 1976.

The Court has jurisdiction to hear and determine appeals instituted in the Court in accordance with this section and that jurisdiction may be exercised by the Court constituted as a Full Court.

The Court must hear and determine the appeal and may make such order as it thinks appropriate by reason of its decision.

Without limiting subsection (6), the orders that may be made by the Court on an appeal include:

an order affirming or setting aside the decision or determination of the Tribunal; or

an order remitting the case to be heard and decided again, either with or without the hearing of further evidence, by the Tribunal in accordance with the directions of the Court.