34BApplications or appeals involving federal jurisdiction may be made to authorised court

34B Applications or appeals involving federal jurisdiction may be made to authorised court

34B Applications or appeals involving federal jurisdiction may be made to authorised court

(1) A person with standing to make an original application or external appeal may, with the leave of an authorised court, make the application or appeal to the court instead of the Tribunal.

(2) The authorised court may grant leave for the application or appeal to be made to the court only if it is satisfied that—

(a) the application or appeal was first made with the Tribunal, and

(b) the determination of the application or appeal by the Tribunal would involve an exercise of federal jurisdiction, and

(c) the Tribunal would otherwise have had original jurisdiction or external appellate jurisdiction enabling it to determine the application or appeal, and

(d) substituted proceedings on the application or appeal would be within the jurisdictional limit of the court.

(3) An application for leave must be—

(a) filed with the authorised court along with—

(i) an application or appeal that has been completed in the form and manner required under this Act for the kind of application or appeal concerned, and

(ii) if the parties to the application or appeal have reached a settlement before leave is sought using a resolution process referred to in section 37—a copy of the terms of settlement, and

(b) accompanied by the applicable fee (if any) payable in the Tribunal for the application or appeal unless it has already been paid to the Tribunal.

(4) If an appeal is made under this Act in relation to any matter in issue in the application or appeal—

(a) for an appeal lodged before the application for leave is made to an authorised court—the court cannot grant leave unless and until the appeal is determined, or

(b) for an appeal lodged on or after leave is granted by an authorised court—proceedings in the court concerning the application or appeal are stayed until the appeal made under this Act is determined.

(5) An authorised court may remit an application or appeal to the Tribunal to determine the application or appeal if the court is satisfied that the Tribunal has jurisdiction to determine it. The court may do so instead of granting leave or after granting leave.