Commonwealth Consolidated Regulations

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COPYRIGHT REGULATIONS 2017 - REG 109

Request for reference of question of law to Federal Court of Australia

Form and content of request

  (1)   A request to the Tribunal for the reference of a question of law in a Tribunal proceeding to the Federal Court of Australia under subsection   161(1) of the Act must:

  (a)   be in writing addressed to the Registrar; and

  (b)   state the name of the party making the request; and

  (c)   specify the question of law; and

  (d)   be signed by or on behalf of the party making the request; and

  (e)   be filed with the Registrar.

Notice of request

  (2)   The party making the request must give every other party to the Tribunal proceeding a sealed copy of the request, and a notice of the party's right under subsection   (3):

  (a)   in any case--within 7 days after filing the request with the Registrar; and

  (b)   if the hearing of the proceeding to which the request relates has not commenced or has been adjourned--not later than the day fixed for the commencement of the hearing or to which the hearing has been adjourned.

Presenting case to the Tribunal relating to request

  (3)   A party to the proceeding may present a case in writing to the Tribunal in relation to the request within 21 days after:

  (a)   if the party made the request--filing the request with the Registrar; or

  (b)   if the party was given a sealed copy of the request--being given that copy.

  (4)   The Tribunal may give to each party to the Tribunal proceeding an opportunity to present a case orally to the Tribunal in relation to the request.

Notice of decision on request

  (5)   The Registrar must give notice of the Tribunal's decision on the request to:

  (a)   the party that made the request; and

  (b)   each other party that:

  (i)   presented a case to the Tribunal in relation to the request; or

  (ii)   notified the Tribunal that the party wished to be informed of the decision.



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