Commonwealth Consolidated Acts

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Reference of questions of law to Federal Court of Australia

             (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).

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

          (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.

             (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.

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