Document ID: chunk:federal_register_of_legislation:C2004A02028:body:0:p29
Version: federal_register_of_legislation:C2004A02028
Segment Type: other
Provision Reference: 
Character Range: 69367–72007

Federal Court of Australia under this section, the Tribunal shall not, in that proceeding—
    (a) give a decision to which the question is relevant while the reference is pending; or
    (b) proceed in a manner, or make a decision, that is inconsistent with the opinion of the Federal Court of Australia on the question.

Appeal to Federal Court of Australia from decisions of the Tribunal
"107vzzh. (1) An applicant in a proceeding before the Tribunal or the Commission may appeal to the Federal Court of Australia, on a question of law, from any decision of the Tribunal in that proceeding.
"(2) An appeal by an applicant or the Commission under sub-section (1) shall be instituted—
    (a) not later than the twenty-eighth day after the day on which a copy of the decision of the Tribunal is served on the applicant, or a person authorized by the applicant, or on the Commission, as the case may be, or within such further time as the Federal Court of Australia (whether before or after the expiration of that day) allows; and
    (b) in such manner as is prescribed by Rules of Court made under the Federal Court of Australia Act 1976.
"(3) The Federal Court of Australia has jurisdiction to hear and determine appeals instituted in that Court in accordance with sub-section (1).
"(4) The Federal Court of Australia shall hear and determine the appeal and may make such order as it thinks appropriate by reason of its decision.
"(5) Without limiting by implication the generality of sub-section (4), the orders that may be made by the Federal Court of Australia on an appeal include an order affirming or setting aside the decision of the Tribunal and an order remitting the case to be heard and decided again, either with or without the hearing of further evidence, by the Tribunal in accordance with the directions of the Court.

Documents to be sent to Federal Court of Australia
"107vzzj. Where a question of law is referred to the Federal Court of Australia in accordance with section 107vzzg or an appeal is instituted in that Court in accordance with section 107vzzh—
    (a) the Tribunal shall cause to be sent to that Court all documents and other records relating to the proceeding before the Tribunal to which the reference or appeal relates; and
    (b) at the conclusion of the proceeding before the Federal Court of Australia with respect to the reference or appeal, that Court shall cause the documents and other records to be returned to the Tribunal.

Costs in connection with references and appeals to the Federal Court of Australia
"107vzzk. (1) Where a question of law is referred to the Federal Court of Australia