Document ID: chunk:federal_register_of_legislation:C2025C00141:section:109
Version: federal_register_of_legislation:C2025C00141
Segment Type: section
Provision Reference: s 109
Character Range: 147764–148889

109  Tribunal guidance decisions

General rule
 (1) A decision of the Tribunal is a Tribunal guidance decision if:
 (a) the decision is made by the Tribunal constituted for the purposes of a proceeding in accordance with:
 (i) section 40 (exception—President refers application for review that raises issue of significance); or
 (ii) section 41 (exception—President, on appeal, refers Tribunal decision that raises issue of significance); and
 (b) the decision is:
 (i) made under section 105 (Tribunal decision on review of reviewable decision); and
 (ii) not made in accordance with subsection 103(2) (decision agreed by parties); and
 (c) the decision is not declared under subsection (2) of this section to be an excluded decision.

Exception—declared by President
 (2) The President may, in writing, declare that a decision made under section 105 by the Tribunal constituted for the purposes of a proceeding in accordance with section 40 or 41 is an excluded decision.
 (3) A declaration made under subsection (2) is not a legislative instrument.
 (4) The President must publish declarations made under subsection (2).