Document ID: chunk:federal_register_of_legislation:C2024C00813:section:99
Version: federal_register_of_legislation:C2024C00813
Segment Type: section
Provision Reference: s 99
Character Range: 314841–316557

99  Appeals to Federal Circuit and Family Court of Australia (Division 2)
 (1) A party to a proceeding for ART review may appeal to the Federal Circuit and Family Court of Australia (Division 2), on a question of law, from the decision of the ART in the proceeding.
 (2) Subsection (1) does not apply if the decision is made by the ART constituted by a member who is, or members at least one of whom is, a Judge or a Deputy President (within the meaning of the ART Act).
 (3) The following provisions of the ART Act apply in relation to any such appeal as if the appeal were an appeal under section 172 (party may appeal) of that Act and in relation to the Federal Circuit and Family Court of Australia (Division 2) in the same way as they apply in relation to the Federal Court of Australia:
 (a) section 107 (when ART's decision on review comes into operation);
 (b) section 174 (time and manner for making appeals);
 (c) Subdivision B of Division 2 of Part 7 (jurisdiction and powers of Federal Court);
 (d) Division 4 of Part 7 (matters remitted to ART), other than subparagraph 182(b)(ii);
 (e) Division 6 of Part 7 (sending and disclosing documents), other than paragraph 186(b) and subsections 187(2) and 188(2).
 (4) Subsection 174(4) of the ART Act applies in relation to any such appeal as if the reference in that subsection to Rules of Court made under the Federal Court of Australia Act 1976 were a reference to Rules of Court made under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021.
 (5) This section does not affect the operation of section 172 of the ART Act in relation to a proceeding for ART review.

Part VIII—Court review of certain decisions

Division 1—Preliminary