Australian Capital Territory Numbered Acts

ADMINISTRATIVE APPEALS TRIBUNAL (NO. 70 OF 1996) - SECT 11

11. After section 20 of the Principal Act the following section is inserted:

“20A. (1) The Tribunal may, of its own motion or on application by a party, request the President to reconstitute the Tribunal to give a ruling on a question of law or on a question that, in the opinion of the requesting Tribunal, is a question of law.

“(2) Where the Tribunal reconstituted in accordance with a request under subsection (1) gives a ruling on a question of law (including the question whether a particular question is a question of law), the requesting Tribunal is bound by the ruling.

“(3) The question of whether a particular question is one of law shall be decided in accordance with the opinion of the Tribunal reconstituted in accordance with a request under subsection (1).

“(4) A Tribunal reconstituted in accordance with a request under subsection (1) shall be constituted by 1 or more of the following:

        (a)     the President;

        (b)     the Deputy President;

        (c)     a senior member who is enrolled as a legal practitioner of the High Court, of another federal court, of the Supreme Court or of the Supreme Court of a State or of another Territory who has been so enrolled for not less than 5 years.

“(5) Nothing in this section limits the President's power to reconstitute the Tribunal under section 20.”.