(1) If the Tribunal as constituted for the purposes of a proceeding that is a child support first review does not consist of or include a presidential member, a party to the proceeding may appeal to the Federal Circuit and Family Court of Australia (Division 2), on a question of law, from any decision of the Tribunal in that proceeding.
(2) The following provisions of this Part apply in relation to any such appeal as if the appeal were an appeal under subsection 44(1) and a reference in those provisions to the Federal Court of Australia were a reference to the Federal Circuit and Family Court of Australia (Division 2):
(a) subsections 44(2A) to (10) (other than paragraphs 44(3)(a) to (c));
(b) section 44A (other than subsection (2A));
(c) paragraphs 46(1)(a) and (b).
(3) Paragraph 44(2A)(b) applies in relation to any such appeal as if the reference in that paragraph to rules of court made under the Federal Court of Australia Act 1976 were a reference to rules of court made under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021 .
(4) Subsection (1) does not affect the operation of subsection 44(1) in relation to a proceeding that is a child support first review.