Freedom of Information Act 1982
View history note
Hide history noteThe Information Commissioner may, at any time during an IC review, refer a question of law arising in an IC review to the Federal Court of Australia for decision.
55H(2)
The Information Commissioner may refer the question of law:
(a) on the application of a review party; or
(b) on the Information Commissioner's initiative.
55H(3)
The Federal Court of Australia has jurisdiction to hear and determine a question of law referred to it.
55H(4)
The jurisdiction of the Federal Court of Australia may be exercised by a single judge of the Court.
55H(5)
If a question of law is referred, the Information Commissioner must not, for the purposes of the IC review:
(a) give a decision to which the question is relevant before the Federal Court of Australia makes a decision in relation to the reference; 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.
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