Victorian Numbered Acts

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES ACT 2006 (NO 43 OF 2006) - SECT 33

    (1)     If, in a proceeding before a court or tribunal, a question of law arises that relates to the application of this Charter or a question arises with respect to the interpretation of a statutory provision in accordance with this Charter, that question may be referred to the Supreme Court if—

        (a)     a party has made an application for referral; and

        (b)     the court or tribunal considers that the question is appropriate for determination by the Supreme Court.

    (2)     If a question has been referred to the Supreme Court under sub-section (1), the court or tribunal referring the question must not—

        (a)     make a determination to which the question is relevant while the referral is pending; or

        (b)     proceed in a manner or make a determination that is inconsistent with the opinion of the Supreme Court on the question.

    (3)     If a question is referred under sub-section (1) by the Trial Division of the Supreme Court, the referral is to be made to the Court of Appeal.

    (4)     Despite anything contained in any other Act, if a question arises of a kind referred to in sub-section (1), that question may only be referred to the Supreme Court in accordance with this section.