PART IVA
-
APPEALS AND REFERENCES OF QUESTIONS OF LAW TO THE FEDERAL COURT OF AUSTRALIA
SECTION 45
REFERENCE OF QUESTIONS OF LAW TO FEDERAL COURT OF AUSTRALIA
45(1)
The Tribunal may, with the agreement of the President, refer a question of law arising in a proceeding before the Tribunal to the Federal Court of Australia for decision. The Tribunal may do so on its own initiative or at the request of a party to the proceeding.
Note:
This Part does not apply to certain migration proceedings (see section
43C
).
History
S 45(1) substituted by No 60 of 2015, s 3 and Sch 1 item 130, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 45(1) formerly read:
45(1)
The Tribunal may, of its own motion or at the request of a party, refer a question of law arising in a proceeding before the Tribunal to the Federal Court of Australia for decision but
-
(a)
a question must not be so referred without the concurrence of the President; and
(b)
(Omitted)
(c)
in respect of a proceeding before the Small Taxation Claims Tribunal
-
in so referring a question, the interests of the applicant seeking review of a relevant taxation decision must be taken into account.
S 45(1) amended by No 38 of 2005. No 38 of 2005, Sch 1
[
177], provides:
Application of amendment
-
subsection 45(1) of the
Administrative Appeals Tribunal Act 1975
The amendment of subsection 45(1) of the
Administrative Appeals Tribunal Act 1975
made by this Schedule applies in relation to a question of law referred after the commencement of this item.
For transitional provisions see note under s
2A
.
S 45(1) substituted by No 58 of 1977, s 30; amended by No 34 of 1997.
45(2)
The Federal Court of Australia has jurisdiction to hear and determine a question of law referred to it under this section.
History
S 45(2) substituted by No 60 of 2015, s 3 and Sch 1 item 130, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 45(2) formerly read:
45(2)
The Federal Court of Australia has jurisdiction to hear and determine a question of law referred to it under this section and that jurisdiction shall be exercised by that Court constituted as a Full Court.
S 45(2) substituted by No 58 of 1977, s 30.
45(2A)
If, after consulting the President, the Chief Justice of the Court considers it appropriate, that jurisdiction is to be exercised by the Court constituted as a Full Court.
History
S 45(2A) inserted by No 60 of 2015, s 3 and Sch 1 item 130, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act.
45(3)
Where a question of law arising in any proceeding has been referred to the Federal Court of Australia under this section, the Tribunal shall not, in that proceeding
-
(a)
give a decision to which the question is relevant while the reference is pending; or
(b)
proceed in a manner, or make a decision, that is inconsistent with the opinion of the Federal Court of Australia on the question.
History
S 45(3) amended by No 157 of 1976; Sch.