40Request for reference of question of law to Federal Court

40 Request for reference of question of law to Federal Court

(1) For the purposes of subsection (1) of section 161 of the Act, a request to the Tribunal for the reference of a question of law in a proceeding to the Federal Court of Australia shall:

(b) state the name of the party making the request;

(c) specify the question of law;

(d) request the Tribunal to refer that question to the Federal Court of Australia;

(e) be signed by or on behalf of the party making the request; and

(f) be filed with the Registrar.

(2) The party making the request shall cause notice of the making of the request, together with a sealed copy of the request, to be served on every other party to the proceedings:

(a) in the case where the hearing of the proceeding to which the request relates, has not commenced or has been adjourned — within 7 days after the filing of the request with the Registrar but not later than the date fixed for the commencement of the hearing or to which the hearing has been adjourned; or

(b) in any other case — within 7 days after the filing of the request with the Registrar.

(3) For the purposes of the last preceding subregulation, a notice of the making of a request:

(a) shall be in writing addressed to the party on whom it is served; and

(b) shall inform that party that he may, within twenty-one days after service of the notice, present a case in writing to the Tribunal in relation to the request.

(4) The party making the request may within twenty-one days after the request is filed with the Registrar, and every other party to the proceeding may within twenty-one days after service on that party of the notice of the making of the request, present a case in writing to the Tribunal in relation to the request and the Tribunal may, if it thinks fit, give to each of those parties an opportunity of presenting a case orally to the Tribunal.

(5) The Registrar shall cause notice of the decision of the Tribunal on the request to be served on the party that made the request and on every other party that presented a case to the Tribunal in relation to the request or notified the Tribunal that the party wished to be informed of the decision.