Document ID: chunk:federal_register_of_legislation:F2024C00262:reg:109
Version: federal_register_of_legislation:F2024C00262
Segment Type: reg
Provision Reference: reg 109
Character Range: 139453–141289

109  Request for reference of question of law to Federal Court of Australia

Form and content of request
 (1) A request to the Tribunal for the reference of a question of law in a Tribunal proceeding to the Federal Court of Australia under subsection 161(1) of the Act must:
 (a) be in writing addressed to the Registrar; and
 (b) state the name of the party making the request; and
 (c) specify the question of law; and
 (d) be signed by or on behalf of the party making the request; and
 (e) be filed with the Registrar.

Notice of request
 (2) The party making the request must give every other party to the Tribunal proceeding a sealed copy of the request, and a notice of the party's right under subsection (3):
 (a) in any case—within 7 days after filing the request with the Registrar; and
 (b) if the hearing of the proceeding to which the request relates has not commenced or has been adjourned—not later than the day fixed for the commencement of the hearing or to which the hearing has been adjourned.

Presenting case to the Tribunal relating to request
 (3) A party to the proceeding may present a case in writing to the Tribunal in relation to the request within 21 days after:
 (a) if the party made the request—filing the request with the Registrar; or
 (b) if the party was given a sealed copy of the request—being given that copy.
 (4) The Tribunal may give to each party to the Tribunal proceeding an opportunity to present a case orally to the Tribunal in relation to the request.

Notice of decision on request
 (5) The Registrar must give notice of the Tribunal's decision on the request to:
 (a) the party that made the request; and
 (b) each other party that:
 (i) presented a case to the Tribunal in relation to the request; or
 (ii) notified the Tribunal that the party wished to be informed of the decision.