Australian Capital Territory Current Acts

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ACT CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2008 - SECT 77

Referral of questions of law within tribunal

    (1)     This section applies if a tribunal (the requesting tribunal ) is dealing with an application.

    (2)     However, this section does not apply to an application for review of a decision under the Heritage Act 2004

, the Planning Act 2023

or the Urban Forest Act 2023

.

    (3)     The requesting tribunal may, on its own initiative or on application by a party, ask the president to allocate 1 or more tribunal members to a tribunal (the ruling tribunal ) to give a ruling on a question of law.

    (4)     If the ruling tribunal gives a ruling on a question of law, the requesting tribunal is bound by the ruling.

Note     Question of law includes whether a question is a question of law (see dict).

    (5)     A ruling tribunal is made up of 1 or more of the following tribunal members allocated by the president:

        (a)     a presidential member;

        (b)     a senior member who is a lawyer and has been a lawyer for 5 years or more.

    (6)     However, a ruling tribunal must not contain a tribunal member allocated to the requesting tribunal.



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