25Referral of questions of law

25 Referral of questions of law

(1)  In this section –

parties means persons who have been given leave to appear before an inquiry or have been interviewed by the Commissioner for the purposes of an inquiry.

(2)  The Commissioner may refer a question of law arising in the course of an inquiry to the Supreme Court for decision.

(3)  If the Commissioner refers a question of law to the Supreme Court for decision, the Commissioner may –

(a) conclude the inquiry subject to the decision; or

(b) adjourn the inquiry until the decision is given.

(4)  A question of law may be referred to the Supreme Court in the form of a special case drawn up by the parties to the inquiry or, if there are no parties to the inquiry or the parties cannot agree, by the Commissioner.

(5)  The decision of the Supreme Court on a question of law referred to it under this section is final and is binding on the Commissioner and the parties to the inquiry.