(1) The Commissioner
may refer to the Supreme Court any question of law that arises in the course
of dealing with a complaint.
(2) A question may be
referred under this section on the Commissioner’s own initiative or at
the request of a party to the complaint.
(3) The Supreme Court
has jurisdiction to hear and determine a question of law referred to it under
this section and, in exercising that jurisdiction, may —
well as determining that question, determine any related or incidental
question of law that it considers to be raised; or
instead of determining that question, determine any other question of law that
it considers to be more pertinent.
(4) If a question of
law is referred to the Supreme Court under this section, the Commissioner is
not to —
a decision on the complaint to which the question is relevant while the
reference is pending; or
proceed in a manner, or make a decision, that is inconsistent with the
decision of the Supreme Court on the question.
(5) A party, other
than the Commissioner or a party who has requested the reference, does not
have to appear, be represented or make submissions at, or otherwise
participate in, the hearing of a reference under this section, and a party who
does not participate in a reference is not liable for any costs in relation to