Administrative Review Tribunal Act 2024 (40 of 2024)

Part 7   Appeals and references of questions of law to Federal Court

Division 5   Referring questions of law

185   Referring questions of law

 

(1) The Tribunal may, with the agreement of the President, refer a question of law arising in a proceeding in the Tribunal to the Federal Court for decision.

      

(2) The Tribunal may do so:

(a) at the request of a party to the proceeding; or

(b) on its own initiative.

      

(3) The Federal Court has jurisdiction to hear and determine a question of law referred to it under this section.

      

(4) 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.

      

(5) If a question of law arising in any proceeding has been referred to the Federal Court under this section, the Tribunal must 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 Court on the question.