42Proceedings before Tribunal after determination of question of law by Federal Court

42 Proceedings before Tribunal after determination of question of law by Federal Court

(1) Where a question of law arising in a proceeding has been referred to, and determined by, the Federal Court of Australia in pursuance of section 161 of the Act, any party to the proceeding before the Court may file with the Registrar an office copy of the order of the Court.

(2) Subject to the next succeeding subregulation, when a copy of the order of the Federal Court of Australia has been filed in pursuance of the last preceding subregulation, the President shall fix a time and place for the resumption of the hearing of the proceeding and the Registrar shall cause notice of the time and place so fixed to be served on the parties to the proceeding.

(3) The last preceding subregulation does not apply where the question of law was referred to the Federal Court of Australia after the Tribunal had given its decision in the proceeding and that decision is consistent with the determination of the Federal Court of Australia.