Document ID: chunk:federal_register_of_legislation:C2025C00141:section:41
Version: federal_register_of_legislation:C2025C00141
Segment Type: section
Provision Reference: s 41
Character Range: 73334–74699

41  Exception—President, on appeal, refers Tribunal decision that raises issue of significance

When this section applies
 (1) If:
 (a) a proceeding relates to a guidance and appeals panel application taken to be made because the President refers a decision of the Tribunal (the Tribunal decision) to the guidance and appeals panel; and
 (b) the President is satisfied that the Tribunal decision raises an issue of significance to administrative decision‑making;
the President must constitute the Tribunal for the purposes of the proceeding in accordance with this section instead of section 39.
Note: Under section 128, the President may refer a decision of the Tribunal to the guidance and appeals panel if the President is satisfied of either or both of the following:
(a) the decision raises an issue of significance to administrative decision‑making;
(b) the decision may contain an error of fact or law materially affecting the decision.

General rules
 (2) The Tribunal must be constituted for the purposes of the proceeding by 2 or 3 members.
 (3) One of the members must be the President or a Deputy President.
 (4) Unless the parties to the proceeding agree otherwise, none of the members can be a person who constituted, or was one of the persons who constituted, the Tribunal for the purposes of the proceeding in which the Tribunal decision was made.