Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 34.94

Reference as to qualifications or vacancy

             (1)  If the Minister wants to refer a question under section 17 of Schedule 4 to the ATSI Act to the Court, the Minister must file an originating application, in accordance with Form 104.

Note:          The Registrar will:

(a)    sign and affix the stamp of the Court to the reference; and

(b)    fix a return date and place for hearing and endorse those details on the originating application; and

(c)    give or send a sealed copy to the Minister.

             (2)  The Minister must send a sealed copy of the reference to the Torres Strait Regional Authority as soon as practicable after filing the originating application.

             (3)  The Minister must, at least twice before the return dated fixed for the proceeding, publish a notice of the reference and the date of the hearing in a newspaper circulated in each Torres Strait Regional Authority ward.

Rules 34.95-34.100 left blank



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