sec.49Referral to Supreme Court

### sec.49 Referral to Supreme Court This section applies if, in a proceeding before a court or tribunal— a question of law arises that relates to the application of this Act; or a question arises in relation to the interpretation of a statutory provision in accordance with this Act. The question may be referred to the Supreme Court if— a party to the proceeding has made an application for referral; and the court or tribunal considers the question is appropriate to be decided by the Supreme Court. If a question is referred under subsection (2) , the court or tribunal referring the question must not— make a decision about the matter to which the question is relevant while the referral is pending; or proceed in a way or make a decision that is inconsistent with the Supreme Court’s decision on the question. If a question is referred under subsection (2) by the Trial Division of the Supreme Court, the referral is to be made to the Court of Appeal. Despite any other Act, if a question arises of a kind mentioned in subsection (1) , the question may only be referred to the Supreme Court under this section. (sec.49-ssec.1) This section applies if, in a proceeding before a court or tribunal— a question of law arises that relates to the application of this Act; or a question arises in relation to the interpretation of a statutory provision in accordance with this Act. (sec.49-ssec.2) The question may be referred to the Supreme Court if— a party to the proceeding has made an application for referral; and the court or tribunal considers the question is appropriate to be decided by the Supreme Court. (sec.49-ssec.3) If a question is referred under subsection (2) , the court or tribunal referring the question must not— make a decision about the matter to which the question is relevant while the referral is pending; or proceed in a way or make a decision that is inconsistent with the Supreme Court’s decision on the question. (sec.49-ssec.4) If a question is referred under subsection (2) by the Trial Division of the Supreme Court, the referral is to be made to the Court of Appeal. (sec.49-ssec.5) Despite any other Act, if a question arises of a kind mentioned in subsection (1) , the question may only be referred to the Supreme Court under this section. - (a) a question of law arises that relates to the application of this Act; or - (b) a question arises in relation to the interpretation of a statutory provision in accordance with this Act. - (a) a party to the proceeding has made an application for referral; and - (b) the court or tribunal considers the question is appropriate to be decided by the Supreme Court. - (a) make a decision about the matter to which the question is relevant while the referral is pending; or - (b) proceed in a way or make a decision that is inconsistent with the Supreme Court’s decision on the question.