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DEFENCE ACT 1903 - SECT 61CZD

Appeals from AAT

  (1)   A party to a proceeding before the AAT may appeal to the Federal Court, on a question of law only, from any decision of the AAT in that proceeding.

  (2)   An appeal by a person under subsection   (1) must be instituted:

  (a)   within 28 days after the day on which the document setting out the terms of the decision of the AAT is given to the person or within such further time (whether before or after the end of that period) as the Federal Court 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 has jurisdiction to hear and determine appeals instituted in the Court in accordance with subsection   (2) and that jurisdiction must be exercised by the Court constituted as a Full Court.

  (4)   The Federal Court:

  (a)   must hear and determine the appeal; and

  (b)   may affirm, vary or set aside the order of the AAT; and

  (c)   may give such judgment, or make such order, as in all the circumstances it thinks fit, or refuse to make an order; and

  (d)   may remit the case for rehearing and determination, either with or without the hearing of further evidence, by the AAT.


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