Commonwealth Numbered Regulations

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COPYRIGHT REGULATIONS 2017 (F2017L01649) - 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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