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FREEDOM OF INFORMATION ACT 1982 - SECT 55H

Procedure in IC review--reference of questions of law to Federal Court of Australia

             (1)  The 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.

             (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.

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

             (4)  The jurisdiction of the Federal Court of Australia may be exercised by a single judge of the Court.

             (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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